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Manish nagpal (Testing)     11 March 2021

Domestic violence

My brother wife file case against us for domestic violence act 2005 sector 18 to 23. Can we file any case against her or any defamation case.because case totally fake. Guide Can we move high court before it hearing of this case in civil court of district


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 4 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     11 March 2021

Hello,

Court has not yet decided on the pending domestic violence case. So you have to fight out the case and only after the decision in domestic violence case you can file a defamation case against your brother's wife depending upon your case. As per the facts and circumstances of the case you can move to the high court. 

Manish nagpal (Testing)     11 March 2021

THANX SIR. 

 

IT MEANS WE HAVE TO TORTURED BY HER AND IN OUR INDIAN LAW,WE CANT FILE ANY CASE??

Kevin Moses Paul   11 March 2021

There's always a solution for every problem. So as per your current situation, the solution is to fight or challenge the DV case instituted against you by your wife.

I'm listing few crucial elements of a regular DV matter, take a look at them in order to ensure you're well prepared to fight the false accusations made by your wife.
These are something that your wife should be taking care about.
1. If she has alleged any thing against you & your family, then the burden of proving the same also lies with her.

2. She should have collected enough evidence for her cruelty against her husband & parents in law.

So basically, filing a DV is easy but it's difficult to prove it, so there's no need to worry a lot about it.

Now, coming at the defamation part of your query!
Yes, you very well can sue your spouse. When someone lies and the lie hurts other people, even when it hurts only their reputations, the injured person can sue for slander (false accusations) and seek financial damages.

In your situation, you may have an action for slander against your wife, if others heard the false statement and if it damaged your reputation or harmed your interests (for instance, if it increased the amount of money you have to pay for child support).

Manish nagpal (Testing)     12 March 2021

thanx sir .it really helps me but i think i realize we have to suffer and in our indian law there is no more special provision of male person.

 

IN this country only a lady can do any thing

 

any way thanx for your reply


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