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498-must-scrap (Manager)     11 June 2013

Quashing petition against domestic violance

Hi All Experts,

If Man and Woman get registered married by special Marriage act only before 3.6 years, Marriage ceremony never happended, also the marriage is not consumated becuase both parents unaware from this and if both are not living in a Domestic relationship and both are living in different cities. As it is clear that when the parties are not living together there is no Domestic relationship then although Women filed  Domestic Violence then what need to be done by Men 

Need Experts Suggestion ?

Please suggest me, My friend got Notice yesterday, we have lots of proof to prove this she put false allegation, & we can easily proove she never live with my friends and his Parents, so My question is if we have enough proof to proove this although we have to fight in Lower court till Final Result. is there any way i can file for quash of dv in same court or High court ?and any other ways to get out of dv case?

 

Reg

VInay



Learning

 7 Replies


(Guest)

Nothing to worry.  If you have all proofs  then file the same in the court.


If they have included Section 23, then be ready to take her back to your house. as u/s 23 of PWDVA magistrate has got power to  pass exparte orders even if you have not committed an act of domestic violence.

Then again you need to go for appeal for setting aside of such orders.

In short, you have to fight it out till you come out clean based on merits of the case.  [a good 3-5 years gone]


Feel free to ask any more questions arising in your mind or can call me too.


(Guest)

The Protection of Women From Domestic Violence Act, 2005

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498-must-scrap (Manager)     11 June 2013

Helping Hand Sir,

 

Thanks for your valuable reply, But why be ready to take her back because My friend already file divorce case on Desertion Ground then she filed false DV case. he was ready to bring her but she never ready thats why my friend filed Divorce case, Now he is afraid if he bring her then from 1st day she will be able for put 498.

No at any cost we are not ready to take her Back

 

Please suggest us for quash the False case, is there any provision for move to High Court ?

 

she never Live with husband & Inlaws. she rub her in this 3.6 years by demanding money,

we know she made marriage only for money. 

Naveen Kumar Shelar (Advocate & Legal Consultant)     11 June 2013

Dear Mr. Vinay,

 

There is no threat of Domestic Voilance, when both the parties are living in different cities, but the women can take a plea of mantel curelty over phone. In my opinion it is not a fit case for DV, as you narrated - marriage is not consumated,both are not living in a Domestic relationship and both are living in different cities.

 

Thanks

Naveen Kumar Shelar

Advocate and Legal Consultant

www.thelawoffice.co.in

 

Secretary General

Nayaya A Voice For Justice

498-must-scrap (Manager)     11 June 2013

@Need Justice Sir,

 

  1. since there is no relation and husband wife staying in different cities, why the female is not ok to give divorce?

              She was not ready to come Back neither ready for MCD thats why We file Divorce case on Desertion ground,  Some communication was recorded as well as all SMS are in Mobile.

2:- i am assuming parents from both sides are now aware of this marriage.

Yes both Parents are aware now, Boys parents was ready but Now they are not ready because she filed false DV  case on boy as well as Parents, because everyone is know all is Innocent.

3:- why did they marry in the first place and then didnt stay together?

Both are working together & falled in Love, & girl prapose for marriage But he was thinking It's not good time to get married, that's why he always discussed with her and said it's not good time to get marriage because he wasn’t confortable in that days for marriage, She said just put the registration in court we will start our married life after some days and he agreed & she started rub him. she rub near 1 Lacs from him.

 

Regards

 

498-must-scrap (Manager)     12 June 2013

THanks for your good suggestion,

Please suggest me Should I fight case on merits or should I go for quash

If quash then where same court or High Court ?

 

Regards

498-must-scrap (Manager)     16 August 2013

Hi,

She is not appearing for the last 3 dates, Now she has put transfer petition in HC to transfer the case to her District court, I didnt get copy ye so I dont know the grounds  No income & threat at husband's place. on the Other hand she filed DV case in her district court.

Experts, pls. suggest me share any SC citation/judgement to counter the TRANSFER CASE.

 

thanks 


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