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David (TL)     28 July 2012

False dowry and dv case

Hi

My wife file a complaint to dowry harrasment to local police stn and referred to dowry prohibtion officer. They investigated and sent a final report back to police stn. I got the copy through RTI. Its states as follows

"Petitioner informed that her husband, father-in-law and mother-in-law
tortured her for money. Respondents refused for allegations. 
  
The following are made out in this case:
 
* Domestic quarrels in the family. 
 * Husband and wife lives separately and adjustment problems with small
        children.
 * Her husband accepted pledges of her jewels 8 ½ sovereign for family
    expenses.
 
 Since both express their willingness to live together, both can be
counselled for living together again.

In her complaint she falsly framed charges like me & my family assaulted her for money but was not made out after investigation. She is staying in my own appartment (Under Home loan) but I refused to live with her as she never withdrew her false complaint and I wanted a written letter from her that she file complaint were false but she refused.

I am staying in my parents home(Rental). After the enquiry she went to police stn again and cane with some police to my house but I refused to live with her unless she give me in writing that the allegations were false. She refused. So I fled a divorce petition. Now she filed a DV case for Rs 20000 and her right to stay in my appt(I am not living there). Is there anyway I can have this false DV case quashed in HC. Looking for your advices.

Thanks


 



Learning

 4 Replies

arnab banerjee (nil)     29 July 2012

from your case certain things can be deduced:

 

1] you live with your wife before she filed her first dowry harassment petition.

 

2] after that false dowry petition, you do not stay with your wife unless she withdraws the false charges. she refused to do so. but she wants to stay with you.

 

3] now she filed a dv demanding right to stay with you.

 

from these facts it is very clear that she LIES many time. if husband and in laws torture her for dowry, why she wants to go back into that home again?  it is absurd.

 

you answer the dv

 

1] that you live with her before she filed false charge of dowry harassment against you which was not proved in the investigation by dowry prohibition officer. show the report of investigation.

 

2] that she has her matrimonial home but you are not living with her since she did not withdraw her false dowry harassment charges.

 

3] that her filing false dowry charges amounts to mental cruelty which she did against you. this is another reason why you are not living with her.

 

sufficient ground for quashing dv.

1 Like

MADURAI LAWYER (LEGAL CONSULTANT)     29 July 2012

Dear Sir,

You can approch the High Court under S.482 of Cr.P.C. for quashing the F.I.R. based on the report of the protection officer under D.V.Act.

 

https://jeevaganadvocate.com/contact.php

David (TL)     29 July 2012

Thanks four your advices arnab banerjee and JEEVAGAN .

What my advocate told me that he is going to file petition for quashing the DV case in HC based on jurisdiction. If HC directs us to contest the case in Judicial magistrate then we can contest based on the investigation report given by Dowry prohibition officer and that I am not staying with her as she has not withdrew her false complaint.

Thanks

David

dr.pawan rajyan (member and secretory)     30 July 2012

dv cash cannot be quashed on juridiction ground.if dv case doesnot have DIR report ,it may be quashed.


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