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sanjeev001 (executive)     28 March 2012

Slapping of dv act after divorce petition

Dear members,

           kindly guide me on this query of mine, i am filing  a divorce petition on grounds of cruelty, in brief i would say that my wife had left home after which i had lodged a missing complaint, after which they summoned her and conselled both of us, here, during our statement taken by the police there was no mention of any domestic voilence at home by my wife in her statement to the police, later on after a few months, things again turned ugly, hence i myself took her to the womens assistance cell to counsel her so that i dont end up with false cases against me, here too, in her statement she just mentioned that my husband does not come home since the last 2 months, is not giving me money to spend and all blah blah.......here too there is no mention of any domestic voilence at home from me or my parents, now i understand that she plans to file a case of DV against me and my parents in retaliation of me filing a divorce petition, which she wants to contest fiercefully.

dear members kindly advice how to deal with a false DV act slapped against me in the backdrop of the above mentioned scenario. thanking you all and awaiting your kind reply

regards



 7 Replies

Manav Kalia (Arguing my own cases..)     28 March 2012

Pray to good that the new amendments become law fast.. All this nonsense which will be reduced..

sanjeev001 (executive)     28 March 2012

@mirage:

but how can the new amendments be of any help...kindly guide....thanks

SRINIVASA PRASAD Warangal A.P (LEGAL PRACTIONER )     28 March 2012

Mr. Sanjeev001,

Definetly DVC will be filed and may also 498a, to counter blast the divorce case. Collect her statements, if in written, before the police and forum. B ready. Good luck

rajiv_lodha (zz)     28 March 2012

Originally posted by :mirage
" Pray to good that the new amendments become law fast.. All this nonsense which will be reduced.. "

I do not agree a bit. How come 498a + DV cases have anything to benefit from latest amendments!

@ author!

Of course she may file 498a DV etc anything she likes as a counterblast. But the proofs u mentioned will help u at one stage or other. Amongst all weapons, DV is a unique one.........it moves on PRIMA-FACIE vehicle. Much damage is done much earlier than u bring ur proofs during trial proceedings!

sanjeev001 (executive)     28 March 2012

hi rajiv,

just wanted to ask, as you mentioned it is a prima facie vehicle, does it mean that an oral statement is enough from the girl or the in laws for the dv act, dont they require any proof to prove it. and can the statement given by her to the womens cell of police be  of anyhelp? here she has notmentioned any thing about any voilence of any kind at home. kindly guide. thanks

 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     29 March 2012

Her previous statements would be a bar on her new complaints.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

sridher (system analyst)     17 August 2015

wait for winter parliament session complete. let leave her on her own desision .let's do her what she can. there may be lot of changes to come out like ammendments.

 

best of luck


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