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manindersingh   03 May 2016

Domestic violence case : how to get out of it senior citizen

Hi

My friends parents are of ill health and are senior citizens. They have already disinherited/debarred their only son as he and his wife along with minor children left their house by furnishing a leagl affidavit registered through notary and then parents debarred them through newspaper.

After 9months my friends wife filed false Domestic violence case againster my friend & his parents as a counter blast to Sec-9 RCR case filed 2months prior by my friend.

I want to ask that is there any chance to get senior citizen (and having ill health and no one to look after) parents's name quashed/removed from DV petition filed by Wife.

Case is just having false and frivilous allegations, CDPO report is in favour of my friend and his parents that no wrong doing or any illegal act done by them on wife. When my wife's lies started flasshing in court she files false transfer peition by putting allegations on Judge.

Please suggest what points to consider while filing peition and in under what section as we want to study and is there any chance that high court will give them relief from this false DV case.

 

Parents still living at their own. Their son lives in rented accomodation. There is no police complaint, no women cell complaint whatsoever till now. Nothing. Plz suggest



Learning

 2 Replies

Kumar Doab (FIN)     03 May 2016

If the allegations are false these will fall flat.

An able lawyer can defend.

Dana Kayoni (Expert Humanitarian and Lawyer)     05 May 2016

It appears that there was marital discord from the begninning.

Hence step of legally separting by way of affidavit has taken place.  This does not hold value in eyes of law.

Most of DV cases are false one's, better to go for settlement, take mutual divorrce or be ready to have more headaches roam to court and also invite other cases and roam court another decade without getting diovrced and also pay wife obiediently alimony.


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