Adultery charge under dv act


My friend’s wife has filed a petition under DV Act against his family members where she has included my name for having adulterous relationship with her husband. But I have not received the notice yet.

The case was filled at SDJM Court. Knowing from my friend about this, I want to move to High Court against her notice to withdraw my name, since I am not her family member nor I am having any illicit affair with her husband. We are a good friends only & we had worked together in a company for about 3 years till 2014. Please suggest me whether I can do this & is it necessary to make my friends family members as a party in my counter petition. My friend’s family members have suffered much by the Act of her wife & I don’t want to disturbed them any more by dragging to the court.

I need your valuable suggestion to proceed further.

 

 
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Originally posted by : Join hands together
My friend’s wife has filed a petition under DV Act against his family members where she has included my name for having adulterous relationship with her husband. But I have not received the notice yet.


 

 

What i understood from your query is that she havn't made you respondent in her complaint, she has only alleged that her husband is having relationship with you.

Because she can't make you respondent in DV Act.

So no need to appeal or to approach to HC.

She has to prove what she alleged, responsibility to prove is on complainant.

You relax and keep away from this mess

 
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Sir

Yes she has made me Respondent in her notice but the address mentioned in the notice is wrong for which the said notice couldnot be delivered to me. But i came to know such matter from my friend. Since such notice is going to harm my future, carrier & my parents reputation, I cannot sit quite.

please suggest the appropriate step whereby i can save myself.

Regards 

 
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You cannot be made respondent in DV case. Such case can only be filed against people with whom she shares domestic relationship. You can file application in the court for your name to be removed. You may also approach HC for quashing case against you. I highly recommend filing defamation suit against your friend. Such case will only be against her and not her family. You can pursue as criminal matter to get her in jail for spoiling your reputation by making such allegation and also as civil matter to claim heavy compensation from her.

 
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If u are not respondant in the case u need not to approach High Court. if she has made then you can file application in the court after receiving notice. Yoou may also go to high court for quashing case against you. You can file Complaint in the Court u/s 499 IPC .

 
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Bangalore

If you have done it, just accept it and at least the guy will get divorced easily.  No punishment for you.  You will prove to be good friend by making it easy for your so called friend to get divorce!  If you dont have any work you can file IPC 499 case!

 
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N.A

Originally posted by : Join hands together
Sir

Yes she has made me Respondent in her notice but the address mentioned in the notice is wrong for which the said notice couldnot be delivered to me. But i came to know such matter from my friend. Since such notice is going to harm my future, carrier & my parents reputation, I cannot sit quite.

please suggest the appropriate step whereby i can save myself.

Regards 

 

You are rightly advised to approach HC and file defamtion suit if your name is in respondent.

But if she alleged that you was staying in the same house, Does she alleged that she(i.e. Complainant) her husband, her inlaws and husband's girlfriend (i.e. you) all were residing in same house.?

 

 

 

 
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Freedom

1. you are not in a Domestic relation ship with them hence dont bother about the same .

2. In DV  petitions all sorts of false allegations are included by disreputed lawyers.

3. They will drag the case for years .

4. Let the case come to evidence stage and see how it falls apart . She has to prove what she has stated .

5. you have never visited the court it seems . If you want to have a past time job like visiting courts you can file N no of cases .And if you too much money and ample time at your disposal and dont know how to spend the same you can spend the money by paying Lawyers fees and also keep your self occupied from Morning to evening in the court premises by filing cases .  

laughcheeky

 
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Advocate

Wait till the summons served upon you. Please do not jump into hasty action based on hearsay.

 
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