kirankumar (Part time Employee/ student of BL) 24 June 2009

Need Help in Domestic violence Case

Domestic violence

In a Domestic violence case the petitioner in the Chief Examination said that they pay the dowry by pool up amounts from various sources “House Loan, Chit Funds, and from Private Persons”.
When we put a petition to call the Bank manager for Chef Examination then they Filed a counter saying that they Did not give the Money form house loan(amount) so no need to call the Bank manager.
Coming to chit funds we have a Document that the Chit fund amounts were drawn 9 months before the marriage.

My Question is :

Can we file a case against them u/s (193 to 198 of IPC) for Producing the Fabricate Evidences and False Evidences .

The DV Case was still running respondent Cross has to be done.

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7 Replies

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 24 June 2009

as per my knowledge u can file that case.

Legal Fighter (Advocate) 24 June 2009

u can immediately file application u/s 340 CrPC read with 191, 192, 195 and 198, 199 of IPC. Let the magistrate pass some order onto this application. He will have to consider it now only. u can also mention Supreme Court Judgment in Marwah Vs Marwah in 2005 for the same.

kirankumar (Part time Employee/ student of BL) 25 June 2009

I got these documents after there cross-examination.

Legal Exploitation (S/W) 01 July 2009

My wife has filed a false domestic violence act case against me. She could not prove any of the charges against me in the court. Now, they are dragging is this case deliberately on and on. It has been going on for one and a half year now with no indications of closure. What can I do?

Legal Fighter (Advocate) 01 July 2009

u are at a good position if no adverse order has been passed against u. I would recommend to get it lingered. otherwise u can file an Appeal against the adjurnment order stating that as per Act, the case is to be wound up in 2 months but personally i won't advice. so stay cool and wait.

Vardhaman Magdum (ADVOCATE) 03 October 2009

In my personal opinion, the fact can be brought to the notice of the court. And you may call the witness to prove the false evidence and then also you can proceed for charges u/s 193 to 198 of IPC.