False domestic violence case against me and my parents

Hello There

I have gone through the contents of your situation carefully.

I will recommend that the proceedings under the Protection of women from domestic violence act are civil in nature and in support of that we have number of judgments from various high courts and hence your parents do not need to appear in person and can appear through a counsel.

Moreover you should file a criminal complainant under section 200 Cr.Pc highlighting the relevant provisions under Section 191 to section 193 IPC for giving false evidence in the court. The court after recording the evidence shall issue a summoning order to your wife.

Further as the proceedings have already been initiated against you and your family, you can file a civil revision against the summoning order of the JMIC ( CJJD) in the present case and get the proceedings quashed or abated.

If she has filed a DV case, more than 1 year after separation, then that DV case is most likely not sustainable. I am sure some advocate or the other in this forum will refer you to some Judgments in favor. Do not go for filing any other cases against her, like perjury or whatever. Such cases can only be filed after the falsity of the allegations are proven in a Court. Your goal should be to kill her DV case in limine. In simple words, at the very outset.

thanks mr gagandeep and mr samir n 

my wife has filed dv after more than a year of separation and it in record that we are separated for more than a year when she filed the case  against  me and my parents . how do i squash her dv case or at least prove I'm innocent , she had filed firstly a divorce case against me on october 2012 accusing me of being impotent and since that case is no maintainable and I'm not willing to give her the alimony she asked for , she out of fear of losing the case in the family court in high court chennai , then she filed a dv case against me and my family in october 2013 ,

now i have proved my potency through the medical board according to the courts order and waiting for enquiry , the are avoiding the enquiry but either not coming to the court or attending the hearing without their lawyer and the judge is postponing the case , this has happened for 3 times now , what kind of questions will be asked in the enquiry and what should i do to be prepared for this , I'm sure they can show any evidence of me being impotent and medical records clearly state I'm normal , so is there more chance of this case case being dismissed , the potency accusation was filed as an interim application but the main petition filed by my wife in 2012 after only 2 months of marriage was that since the marriage was not consummated and i was ill-treating her she wanted the court to nullify the marriage under section 12a 

any kind of help is greatly appreciated

 

thanks in advance 

ramanan rajamani

I do not know much about potency/impotency allegations and how that pans out. But cruelty is very difficult to prove and most allegations, in the eyes of the Court, turn out to be normal wear and tear in a marriage relationship. Of course, it all depends on how you get her cross-examined skillfully and then present arguments accordingly. Usually, I advice abused-husbands, who have contacted me privately on this forum, to first write the arguments and then get appropriate answers during the cross-examination.  This is what distinguishes skilled advocates from the mediocre ones. So, you should study judgments on impotency-allegations and cruelty and get appropriate answers during her cross.  Divorce petition dismissed. End of story!!!