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Enthu (Ops)     30 June 2013

False domestic violence case

Hi,

Throughout my marriage which is 1.5 years old - the 6 months that we were together, I was subject to torture - mental as well physical by my wife. She did not even let me consummate the marriage. So I left her to her pre-marital home out of fear of my own safety. She filed a false domestic violence case 6 months ago which is dragging till date because of many reasons. She first said she wants to divorce and asked for a heft sum. Now she says she wants to stay with me and will never leave me (although that does not seem to be an option any longer as I am just too scared for my and my parents' safety). I am confused. What should I do? The law seems to totally favour women. Is there some way out for me?



 18 Replies

FightForCause (Businessman)     30 June 2013

Hi Enthu,

Dont trust these women.

Have your family safety first.

Give letters to commissioner office that u fear false 498 cases against you and family.

I have no idea but get Notice bail ( police needs to inform u sometime ahead before arresting u ).

Ask experts more....people here are really helpful

Enthu (Ops)     30 June 2013

Thanks BVToDV. The case has been in court for 6 months, and nothing of that sort has happened yet. Should I still do this?

What is also appalling is the attitude of small-town magistrates. She lies in front of the magistrate so shamelessly, and yet the magistrate just laughs at it, as though as a woman its ok to lie. She accused me of impotency in front of the magistrate and also said that the marriage was consummated! I don't understand what else I should do.

fighting back (exec)     30 June 2013

@enthu....dont worry my friend, DV cases are to be proved, mere allegations are not enough?

what relief has she asked for in the interim DV case

is she working somewhere,? are you staying with your parents. it will be relatively easy for your divorce once the DV is proved false.

what exact accusations have been meted out?

1 Like

(Guest)
Originally posted by : Enthu

Hi,

Throughout my marriage which is 1.5 years old - the 6 months that we were together, I was subject to torture - mental as well physical by my wife. She did not even let me consummate the marriage. So I left her to her pre-marital home out of fear of my own safety. She filed a false domestic violence case 6 months ago which is dragging till date because of many reasons. She first said she wants to divorce and asked for a heft sum. Now she says she wants to stay with me and will never leave me (although that does not seem to be an option any longer as I am just too scared for my and my parents' safety). I am confused. What should I do? The law seems to totally favour women. Is there some way out for me?


If you are sure that she has filed a false DV case, then you need not worry.  Relief will be only awarded only if an act of domestic violence has occured.  Or else the DV case will be dismissed.


After dimissal of such case, 

1.  You can file divorce based on mental cruelty, and you will definetly will get divorce.

2.  You can file prejury case, as lying under oath in court of law attracts imprisonment for a good 7 years.

Enthu (Ops)     01 July 2013

@silver sword: She is seeking more than 15 lakhs because of injury caused (no evidence has been provided as there is no instance of domestic violence) as well as more than 25,000 per month as maintenance to match her high standards! The matter even went for mediation wherein she asked for 1 crore. (Just thinking of these numbers makes me crazy). Recently, to top it all, she said she wants to stay with me forever - I am not a rich guy, a typical middle class educated guy just trying to gain my feet.

She is not working anywhere. I am working out of a different city (not with parents). Exact accusations are: I beat her, my parents mentally harassed her, etc. (They were not even staying with us!) There is a long list.

@Helping Hand: No act of DV has occured but the law defines DV very vaguely. Can she claim relief because of we both not staying together? (Denial of right to residence). I have seen a few judgements and they all seem to award some maintenance to the wife. So, if the court awards maintenance, can I still get divorce after that? My lawyer does not seem very positive about that.

Manoj Kumar Jain (abc)     01 July 2013

DV Act is in favour of domestic violance effected women not for geerdy women. Mere allegations is not enogh to get reliefe. So face trial on merit. I am sure case will be go in favour of you.

fighting back (exec)     01 July 2013

@enthu...dont worry my friend, in these cases they ask for the moon, dont worry, they have to prove that DV has taken place, like medical treatement for injuries, any police complaint filed by her to the police against you, any eyewitness for DV, etc, it is very difficult to prove. so dont worry

regarding maintainence, is she working somewhere? if not? try to find if she is working right now 

is she well qualified?

where are you staying right now? at your parents place or your own house ( house in your name()

if you are staying with your parents, then move out to a rented place, if she has asked for relief for residence and asked to stay with you.

Enthu (Ops)     01 July 2013

@silversword: Regarding maintenance, she doesnt seem to be working although I am trying to find out. She is a graduate (Bachelor level) and done a professional course.

 

I am staying at a rented house, away from parents (not even in the same city). I dont have a house in my name. In the case, officially, she has not asked to stay with me, but has asked for protection orders against me & a separate residence + maintenance.


(Guest)
Originally posted by : Enthu


@Helping Hand: No act of DV has occured but the law defines DV very vaguely.

Vaguely or Very VERY very vaguely defined, that is not your headache.  When no act of DV has occured, then no relief.  It might be so that relief might be given u/s 23 of PWDVA 2005, but such relief can be questioned in higher court.  

 

Can she claim relief because of we both not staying together? (Denial of right to residence).

 

Yes.

 

I have seen a few judgements and they all seem to award some maintenance to the wife.

Which all judgfements have you seen???

 

So, if the court awards maintenance, can I still get divorce after that? My lawyer does not seem very positive about that.

What is the connection between awarding of maintenance and you getting divorce?  Am not able to get your question.


Read the following paragraph carefully:


IF YOU HAVE COMMITED ANY ACT OF DOMESTIC VIOLENCE for eg: shouting at her, abusing her, beating her black and blue, kicking her, not giving her proper food and clothing, not leaving her to go out of the house etc THEN YOU ARE IN GRAVE DANGER, YOU WILL BE PUNISHED UNDER THE AFORESAID ACT.


iF you have not commited any such act as I've described above in simple words, then no relief can be awarded to the petitioner [here your wife] and such case will be dismissed.


When the DV case gets dismissed, you will surely get divorce.


Looks like you have created some mess for yourself, so only you are asking such questions, and is the reason your lawyer is not positive about you getting divorce.


(Guest)

@Author,

No Consummation means you can go for cancellation of marriage. Prove she is impotent, if non consummation is coz of her impotency.

Allegations that were put on you are very common ones these days. Many victims get the same.

DV  means it should be one way... like u always shout at her, abuse, beat her etc etc. and she was not reply or react to all these violence For eg: if u shout at her, if she has not replied to her, u beat her - she should not resist etc etc consistutes DV.  Usually these allegations should be proved with proofs like medical records, etc etc.

If she is bachelor degree holder, then she can get job easily. Mention it in your reply. Maintanance will reduce.

Also no consummation means, i presume it could be due to denial for s*x from other side which is cruelity a/c to some recent judments which you can google.

Enthu (Ops)     02 July 2013

Hi All,

Thanks a lot for your replies and kind words in this time of trouble for me. I just pray that no one else has to face what I have gone through.

@Helping Hand:

As you are a legal advisor here and I felt that your last post was pretty pointed, I am replying to that even though there is no necessity for me too. I will appreciate if your intent is to really help and not be judgemental, as I was looking forward to getting some good, expert replies from this website & not judgemental replies - that too on unknown facts.

I have seen a few judgements and they all seem to award some maintenance to the wife.

Which all judgfements have you seen???

District Courts websites have court orders in pdfs. You can have a look at any state's court orders. They come with the name of the judge, case details and signed & sealed - everything. I don't want to quote which exact court orders I have seen.

 

So, if the court awards maintenance, can I still get divorce after that? My lawyer does not seem very positive about that.

What is the connection between awarding of maintenance and you getting divorce?  Am not able to get your question.

My lawyer (who is very impressive btw) has been very firm in insisting since the beginning that in these cases, whatever happens, maintenance is unavoidable. He said (not me): The court awards maintenance in 99.9% of cases of domestic violence if husband and wife are not staying together & wife is not working but husband is, whatever be the premises of the case. Even if she has made false allegations which she cannot prove (and I cannot disprove also).

So, if that happens, would it mean that I am de facto guilty if my wife says I have abandoned her? (even if the reverse may be the case, how can I prove that?). In that case, its a surety that the court will award maintenance to the wife and not dismiss it. Then how will I get divorce? Rest assured if that court does that, I will appeal in higher courts.


Read the following paragraph carefully:


IF YOU HAVE COMMITED ANY ACT OF DOMESTIC VIOLENCE for eg: shouting at her, abusing her, beating her black and blue, kicking her, not giving her proper food and clothing, not leaving her to go out of the house etc THEN YOU ARE IN GRAVE DANGER, YOU WILL BE PUNISHED UNDER THE AFORESAID ACT.

What do you mean by shouting at her? What decibel level counts as shouting? That is the vagueness I was talking about. Although she won't be able to prove that, I won't be able to disprove that too.

Rest assured, I haven't done anything of the sort you have mentioned above.


iF you have not commited any such act as I've described above in simple words, then no relief can be awarded to the petitioner [here your wife] and such case will be dismissed.


When the DV case gets dismissed, you will surely get divorce.

My wife has not been able to provide any evidence of domestic violence as you have described below. Still the case is going on.


Looks like you have created some mess for yourself, so only you are asking such questions, and is the reason your lawyer is not positive about you getting divorce.

Thanks a lot, that really boosts my morale. My intention is not to argue with you, but just to make you understand that if you really want to lend a helping hand it will help if you be more polite. I have understood that if you are a good law abiding citizen of India, then you will really have a tough time with Indian courts & especially if you are dragged into it for the first time. Especially if you are a married man in a bad, abusive marriage. Also, I am not surprised by your comment above, as regardless of circumstances, people look at you as a bad person if you are a man having trouble in your relationship. We are supposed to be strong & thought to be the perpetrators of abuse all the time, whereas women are always thought to be weak. (Please don't think that I don't have my share of supporters / well-wishers, I have many, but they are not legal experts).

 

Whether you like it or not, accept it or not, that is the reality and it also reflects on the social implications that a law has. I feel like I am stuck in a hole for no fault of mine and nobody seems to say anything positive (in the legal respect). They all say you can't do much, but wait.

1 Like

(Guest)

 

Originally posted by : Enthu

Dear Mr Enthu:

@Helping Hand:

As you are a legal advisor here and I felt that your last post was pretty pointed, I am replying to that even though there is no necessity for me too. I will appreciate if your intent is to really help and not be judgemental, as I was looking forward to getting some good, expert replies from this website & not judgemental replies - that too on unknown facts.

 

Why you got offeneded by my reply? It is because you have not come up with facts.  When you tell your wife has filed a DV case, you should first tell under what sections she has filed that DV case to get a correct and fair reply as to how to go about the case in hand.



District Courts websites have court orders in pdfs. You can have a look at any state's court orders. They come with the name of the judge, case details and signed & sealed - everything. I don't want to quote which exact court orders I have seen.

 
My lawyer (who is very impressive btw) has been very firm in insisting since the beginning that in these cases, whatever happens, maintenance is unavoidable.

 

Your lawyer is wrong in the following context.  If your wife has asked relief under 18, 19, 20, 23  especially 23 then court will definitely order some kind of relief (rent to wife.  Here there will be 30 days time for you to go for an appeal to the Sessions Court, if you dont go for an appeal in the said period your counting starts for the rent starts getting piled up.  When you say vaguely etc about DV law, forget all that, when you are telling your wife has no factual evidence of any domestic violence whatsoever, the case will fall flat, forget paying her maintenance which is awarded by MM court, if rightly put before the Sessions Court, the Sessions Court may dismiss the DV case directly, if not will set aside such orders of maintenance on the fact that no DV has occurred and will ask the MM to look into the matter by taking into consideration facts of both parties and then pass an order/judgment in accordance with law.  If you are ill-fated, even in the final verdict the MM might pass an one-sided order which is not in accordance to law, even then you have to again approach the Sessions Court.  In Sessions Court, when they see that such final order/judgment is not in accordance with law, they will set aside the order first, then look into the facts of the case and finally dismiss the DV case once and for all.


He said (not me): The court awards maintenance in 99.9% of cases of domestic violence if husband and wife are not staying together & wife is not working but husband is, whatever be the premises of the case. Even if she has made false allegations which she cannot prove (and I cannot disprove also).

DV case is Quasi Criminal case, if she is making any allegations, burden of proof lies on her to prove such allegations, and you need not worry about disproving it, that will be taken care of in cross examination.


So, if that happens, would it mean that I am de facto guilty if my wife says I have abandoned her? (even if the reverse may be the case, how can I prove that?). In that case, its a surety that the court will award maintenance to the wife and not dismiss it. Then how will I get divorce? Rest assured if that court does that, I will appeal in higher courts.

As I have told above first you should tell under what sections the DV case has been filed. And then explain the allegations made in such complaint to MM court, until unless you are not telling in detail, its no use giving you assumptive suggestions based on assumptive queries.


What do you mean by shouting at her? What decibel level counts as shouting? That is the vagueness I was talking about. Although she won't be able to prove that, I won't be able to disprove that too.

Decibel levels everything the Sessions Court will look into.


Rest assured, I haven't done anything of the sort you have mentioned above.

If no DV has occurred, then no relief at all.


My wife has not been able to provide any evidence of domestic violence as you have described below. Still the case is going on.
Good for you.  DV case wont stand and will eventually be dismissed.  The case will  go on and on for the next 4-5 years.



Whether you like it or not, accept it or not, that is the reality and it also reflects on the social implications that a law has. I feel like I am stuck in a hole for no fault of mine and nobody seems to say anything positive (in the legal respect). They all say you can't do much, but wait.

Dont you worry.  If you have not done anything wrong, nothing will happen.  Just stay cool.  A false DV case or a genuine DV case takes the same amount of time to get over ie 5-6 years.  Dont lose patience.  Stay put.  

1 Like

chander (n/a)     15 November 2013

Hi Enthu,

My name is Chander, In any chance do you have "Helping hand" contact Info? as am trying but not going thru however i find good his reply to you and mine case is quiet very Similer  with you,

Hope you help and happy if you wish to suggest any other expert from Delhi?

Thanks Mate! & Take Care,

Chander

 

 

honestmihir   25 January 2015

My wife has filed a  false domestic violence case under section 12 as a counterblast to my divorce petition. She has asked for a transfer of case from bombay to nasik in high court on 10th december. In the petition she wrote she wants to see the marriage through and then files a false domestic violence case..My divorce case was filed on 15th oct 2014. Then on december 15th she files a domestic violence case. She seperated from me in july 2013.What is the recourse avaialable with me 


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