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Mr Sanghavi (NA)     28 October 2014

False dv notice (need urgent advise)

Hi All
My wife left me in April 2014 without any problems and took my 2 kids along with her. She wanted to stay separately with me after that as i stay with my mother and sister. Since i was financially not stable, i could not afford a house on rent, then on 19th Sept my wife send me a lawyers notice of DV and Dowry Act and also wanted to come home back. We replied her notice as false and baseless and asked her to come back but she did not return. Now i received a court notice (Without Petition) of DV Act today and have a hearing tomorrow. I am worried . What can i do tomorrow? Will the judge pass an order?? Kindly advise strategies on the same.



 5 Replies


(Guest)

Now you want prediction as to what will happen tomorrow?

Seeing so many cases, I too have become an astrologer of sorts.

Tomorrow when you attend court for hearing, you will get one more date.

Make a note of it in your diary or the calender.


Strategy for you:  Dress up decently.  Go to court, wait outside the court.  IF you get a chair or space on a bench inside the court, go sit inside, unless told to go out and wait.  The bench clerk will keep calling names out loudly, sometimes he or she might not be that loud, so be attentive.  When they call out your name, go inside, and they give one more date, make a note of it as advised above and go back home.

If at all your wife has asked anything u/s 23, then there is likelihood of judge passing an order.  If so, hear what the order is, or get in touch with your counsel who will get you a copy of the order in the next 1-2 weeks depending on when copying section will give certified copy.  However, your counsel can read the order sheet and inform you about the same.


Stop worrying.  Be a man.  Its not a joke, marrying takes lot of courage, so show courage, dont fear, stop worrying.

Saurabh..V (Law Consultant)     28 October 2014

@Author

 

If you have a court date tomorrow and you are unaware of the proceedings (or rather terrified by the name of it), and you know a helpful lawyer, take him with you tomorrow.

 

As you have received court notice and till date police has not picked (arrested) you, then there nothing much to worry about. Half war against false & frivilous cases are won the moment the (innocent) accused is out of jail or never goes to jail.

 

@Helping Hand

 

Your advice seems quiet generous (explaining every step about court proceeding like dress up will & sit inside the court) and interesting. However, a shorter version is given by me above :-)

Mr Sanghavi (NA)     28 October 2014

Thank you @ Helping Hand & Saurabh,

Sections are 12(1) & 18, 20,22,23. I am going tomorrow to the court with Courage

Adv k . mahesh (advocate)     28 October 2014

already detailly explained above and also observe the cases going in the court hall to gain the court knowledge 

Mr Sanghavi (NA)     01 November 2014

Hi,

Attended the court. Got date for 3rd Dec .Got the petition copy from the court. I recd the 1st letter from my wife's lawyer was on 19th Sept and we replied her within 7 days, but to my surprise i saw that DV petition was file on 16th Sept. They did not even waited for our reply. Wife has filed false DV and other false allegations. Alongwith the petition there were 4 different notices from her lawyer to file FIR against me, my mother & my sister for DOWRY. I have been married since Jan 2006. Is it possible for my wife to file a False Dowry case and how to speed up the process to dismiss this false DV case

Kindly advise


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