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RKJAYAKUMAR (Advocate)     15 February 2016

Can woman without marrage file false dvcase againest a man

sir

A woman who was not a wife of a man and she falsely stated that as he was her husband and filed false DVCase against him.

any judgement for relating to above case to quash or discharge the above case

thanking you all



Learning

 6 Replies

Vijay Raj Mahajan (Advocate)     15 February 2016

DV Act applies to any woman who is or has been in a domestic relationship. Domestic relationship is a relationship between two persons who live or have at any point lived together in a shared household, when they are related by consanguinity, marriage or through a relationship in the nature of marriage, adoption or are family members living together as a joint family.

Keeping this in mind the Supreme Court of India, in CRIMINAL APPEAL NOS. 2028-2029__OF 2010,  the attached judgment allowed maintenance under the DV Act for woman in a relationship in the nature of marriage even though not found to be legally married. Keeping in mind the judgment the claim by you that the woman is not wife can get benefit under the Act of 2005 if she can prove her domestic relationship with you, living at you house as your wife duly acknowledged by the members of the society where you were living.


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  • ADVOCATE TRILOK (CRIMINAL family PROPERTY topfreind@gmail.com )     15 February 2016

    The DV act is minor action if she persisit that even RAPE case be filed.

    RKJAYAKUMAR (Advocate)     15 February 2016

    thanking you all sir

    can we file discharge petition 239 cr.p.c in lower court or any quash proceedings in high court

    please suggest

    Shekhar (Proprietor)     15 February 2016

    Women with perverted mind and having malafide intentions can do anything in our country. Please have patience and let her proove her that she has consanguinity, marriage or through a relationship in the nature of marriage, adoption or are family members living together as a joint family. Next let her proove that there was a Domestic Voilence. Then Only  the relief sought for will be given by the court. If no relations, then no relief. Even if Relation established and no voilence, then no relief. Pl note.

    Regards

    Shekhar

    +919731110296

    advocatepassy@gmail.com 971794 (Advocate)     13 June 2016

    Reply from Sh  Vijay Raj Mahajan  is correct one.  I fully endorse it. 

    advocatepassy@gmail.com 971794 (Advocate)     13 June 2016

    I endorse the views of Sh Vijay Raj Mahajan 


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