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Manish nagpal (Testing)     09 March 2021

false domestic violence case

hi

good afternoon to you

my brother wife already given complaint against me,my brother, my mother in dv ACT 2005 SECTION 12.

IN THE MEANWHILE OF THAT COMPLAINT, WE ALSO RECEIVED SUMMON FROM CIVIL COURT

section 18 to 23.

NOW I WANT TO KNOW WHICH CASES WE CAN FILE AGAINST HER IN HIGH COURT BECAUSE if any case we file that automatically transferred to her home city so I also tortured her because all these act on us totally fake

and guide kya boys side cases will be heard by judges because in our country women case always strong???


Learning

 4 Replies

Anupam Goswami   12 March 2021

This act is totally pro-women gender biased act based on radical feminist ideology and completely ignores human rights of men especially husband as gender.

You have no rights you are mere defendant/respondent.

Just see that the Presiding Officer of Court is not feminist or biased

As respondent you can file written statement condemning all the averments with all evidences possible.

Kindly prepare separate Written Statement for each Respondent.

Press the Court for following principle of natural justice very strongly 

Hire very good and competent local lawyer who can help you

If possibly there are incident of committing of domestic violence on your mother or sister then they can file case of domestic violence against your brother''s wife.

Just select a very senior lawyer as most of women magistrate's are mostly biased towards women and only very experienced and senior lawyer can present your case properly and strongly

lawyer_rajiv (9811284735) (lawyer)     13 May 2021

your query cannot be answered without going through her complaint under DV Act.  There have been a number of instances where the concerned magistrate refused to take cognizance against the relative who were not part of the shared household and on other grounds too. Get in touch with a lawyer as your case require action more than opinion.

Tisya Mishra   02 July 2021

The Indian Judicial System is quite aware of the misuse of this power by wives.

There is at present one best-case scenario in this in which you can defend yourself by Restitution of Conjugal Rights. Take a mental note of not getting into any sort of settlements with your wife. Keep informing and raising the issue of false complaints. Try finding as much evidence as you can all the while using these given remedies.

1. Section 120 of IPC where she is committing a consipracy crime against you.

2. Section 191 of IPC where she is giving the court false evidence

3. Section 500 of IPC where she is defaming you and your entire family while stating obvious lies.

4. Section 504 of IPC where her intentional insult is present with intent to provoke breach of the peace of the house.

5.  Section 506 of IPC where she is threatening you and your family harm of mental peace

 

Sekar (Self)     05 July 2021

Except Sections 504 & 506 of IPC, other sections may not be useful against wife provided you have proper recordings as evidence. Experts may give their valuable inputs on this!


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