Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

DV victimmmm ( )     28 February 2013

Dv case is dismissed

Deall LCI members.

My wife had filed a false case against me and my family members in Nov 2011. The case is dismissed by Hon JMFC court yesterday(27/02/2013). My wife could not prove that she is an agrieved person and she is a victim of DV. In fact most of her alleagtions were disproved by me. 

I am thankful to all the LCI mebers and experts for prociding their valuable suport from time to time.

Thanks and Regadrds,

DV victim



Learning

 16 Replies


(Guest)

Congratulations and a big thumbsup !

1 Like

HK_Jain... (498a Fighter)     28 February 2013

congrats buddy..

1 Like

stanley (Freedom)     01 March 2013

COngrulations and God bless you you are an inspiration to the people fighting false DV cases :-)

1 Like

ashoksrivastava (scientist)     03 March 2013

Congratulations dear every false case fought and won by any victim will act as deterrent to filing of other such false cases

(Guest)

enjoy bhai.....

Never Give Up (Fighter)     03 March 2013

@Author,

 

Please share timelines and strategy and basis of dismissal ..it would encourage other fighters for their energy boosting ...

 

Any interim orders ? Was your case refered to Mediation ? Any other cases in between husband wife ? If possible please let us know the state as well..

1 Like

DV victimmmm ( )     04 March 2013

 

Many people have asked about details of my case, so I am sharing it now.

1. Background:

I got married in Nov 2007( our native place is same).My wife, along with my 9 month old daughter went to her parent's home in Nov 2010 for her brother's wedding and did not come back. I made several attempts to bring her back but all that she wanted from me was that I should not live with my parents. Her parents asked me to choose between my parents and her. I was firm that I would not leave my parents in any condition. I approached elder members of my community to settle the matter and they tried to settle it also but could not succeed. She filed DV case in Nov 2011 against me and my parents. She made very serious allegations like attempt of murder, abortion, physical and mental violence etc. She asked for 10 lakh compensation and 35 k per month as maintenance also with separate house and protection order

 

2. Strategy:

I resigned from my job and came to my hometown where the case was filed (though this step is not advisable, It helped me a lot to concentrate on the case and gather evidence in initial stages) I engaged a good lawyer and In my reply I mentioned that I am ready to cohabit with her (this was an honest reply and I was not saying this just to save myself. Every case has different background so it’s up to the respondent what he feels about living together again). I also mentioned about the efforts taken by me and elder members of my community to settle the matter. I did not make a single allegation against her in my reply and told the court that we were living happily and we don't have any dispute between us. In the reply, I explained the entire situation and also mentioned about all the events that happened before filing of the case. Wife's case lacked details about domestic violence incidents such as date and time of incidents and who did what. Those were mere allegations. Also I requested for counseling before proceeding further but wife was not ready for it. My lawyer made the final argument on section 3 of the act and told the court that the wife could not prove her case at all as her allegations are vague and no DV is committed by me. Also there were no specific allegations against my parents. My sister’s name was just mentioned in the case without any allegation. My lawyer mainly relied n the proofs submitted by me, and the cross examination of my wife. I had taken certified copy of my wife’s cross examination and studied   it carefully. It helped me a lot in my own cross examination

Points which formed the base for dismissal of the case:

The best thing in my case was that I had solid proofs against her allegations as follow.

a. She alleged that she was never allowed to go out of house after marriage. In fact she did few educational courses when she was with me. I submitted the certificates of the same. She agreed to that in her cross examination :)

b. She alleged that she was not given medical treatment at all during her pregnancy and she was forced to do abortion. I submitted medical documents of her pregnancy which showed that she was given proper medical treatment during pregnancy .In her cross examination She agreed that she was provided medical treatment :)

c. She had gone to her parent's home for the delivery in the 7th month of pregnancy as per the custom. She alleged that I did not come to see the baby in the hospital and she did not come back to my home after pregnancy and she is living there since her delivery. I submitted medical documents of my child's vaccination and other treatment that was done when after wife came back to my house. My wife admitted in her cross examination that she had come back to my house and we used to take our daughter regularly to the doctor.

Apart from this, the elder members from my community who tried to settle the matter were witness from my side as part of my evidence..

DV victimmmm ( )     04 March 2013

 

Orders and other cases:

Her interim maintenance application was rejected and she did not get anything. After that I requested the court to put the matter for mediation. But it did not succeed as all that she and her father wanted was money. So the case continued and finally was dismissed because of the points mentioned above.

She filed crpc 125 in family court in Nov 2012(she does everything in the month of November only :) ). The case is same as DV, only law is changed .I have filed application for dismissal of the case as she is asking maintenance through DV and crpc 125.Many people have suggested that she can file crpc and it can't be dismissed, but it's worth giving a try. I have filed case for custody of my daughter but I know that I can't get it as she is just 3 year old now. It was my lawyer’s suggestion to file custody case.

Nandha (NIL)     04 March 2013

@dv victim.. - thanks for posting details of your case.

 

i have a query = in my case, wife left when my kid was 1 year old. After that no contact between us. I did not go to her place. Can she allege that I did not take care of my child and how does court consider this kind of situation?  I wrote letters and even sent money for couple of times, but everything came back as refused.  Will court say that i am not a responsible father as  I failed to visit my child?

 

please advise


(Guest)

Well done for winning your case and thanks for posting the details,it is useful.I hope to post my own case but it might be in  a few years 

satya prakash (Clerk)     04 March 2013

This was really helping reply

but in my case Im having tricky things,

1) things we have taken care are not mentioned by them as they were knowing we have proofs or receipts

2) they put blaming me, my parents & sis saying DV only in diff diff points like all points are depends on DV only. Not sure how this can be handled.

3) They claimed I ddnt aloowed her to go out, for which i dont hav single proofs, like she done training or something

4) She claimed I use to drink & hit her :P thats also I cant prove it wrong.

5) she said I tried to kill her that also I cant prove it wrong.

6) they put we never gave baby to her. :P

All allegations are wrong for which Difficult to prove for me that its wrong. For them also its difficult to prove but as crpc 125 with DV they filled in Family court, im worried tht maintainance will be awarded just like tht.

Any Seniors can help how i can collect proofs for above allegations? thanks in advance. or point I can mention ni reply which will help me to prove myself & family members innocent.


(Guest)

Perfect, just perfect ! Kudos man !

1 Like

DV victimmmm ( )     05 March 2013

@satya prakash,

Please see my pm

Zeeshan (Hidden)     06 March 2013

Congrats.

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query