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Amarjeet   12 October 2016

Filing a fake domestic violence complaint

Hello Sir,

I am residing in Delhi with my Husband. My brother-in-law and his wife went in such a huge argument that the lady has filed a complaint against everyone in our family on Women Cell. Although the couple has started living separately from past 2 months and everyone else is living in Jammu.

All the allegations made by the other party is fake, they also keep on saying that we asked for dowry but no-one talked about it. Also, how the members staying in another state can harras the lady.

According to CAW cell, everything says by the lady, right or wrong will be taken into consideration and just because of that all the mentioned members can be put to jail.

Kindly suggest how to defend and what can be done in such case.



Learning

 10 Replies

sai narayana   12 October 2016

First of all CAW cell has no jail arrangements. It's a sort of counselling agency only. Once you people comes to compromise then the case will be forwarded to nearby police station and the role of CAW cell ends there.

Even if the case is forwarded to police station (F.I.R.) also, except her husband all other family members will easily get the bail so nothing to worry. In between on safer side, be acquainted with these wife-biased laws to gain some confidence to deal with any unforseen circumstances.

1 Like

Amarjeet   12 October 2016

Thanks for your reply Narayana. I understand that CAW cell is just the counselling agency. But if wife is making wrong statements where no-one has proof of, then how we can justify ourself or how we can step forward for compromise?

Amarjeet   12 October 2016

Is there any legal agency for men protection and how much they could be helpful?

sai narayana   12 October 2016

M protects M means Money protect Men.

In between be acquaainted with Domestic violence Act, 2005 to protect yourself.

1 Like

Amarjeet   12 October 2016

Wife is still asking to stay with his Husband. But on the other hand, their family have shown a complete list of things which they have given and have exaggerated the list claiming 7 lakhs.

So how to initiate the compromise in such case? Also is there any way the husband can ask for a divorce?

sai narayana   12 October 2016

At this juncture don't think to file divorce on his own. Try best to save the marriage and If there is no chance, then better to settle the issue amicably by opting MCD (Mutual Consent Divorce) means a joint petition by both husband and wife which will wipe out all present and future problems.

1 Like

A walk alone (-)     12 October 2016

Only compromise in any family case is MCD. The things which was given by them should be returned. Extra item which they have not given but claim let them prove they are with husband. Dnt worry sister your brother in law wife has file case , she has to prove her allegation not you have to prove your innocence. If case registered police will not arrest without investigation. Police will first investigate then file charge sheet in court. You all can apply AB. If husband wants divorce he should not publicly announced that. He should keep silent for sometime and watch what his wife want? After one or two year he can apply contested divorce . Mean while he can try MCD.
1 Like

A walk alone (-)     12 October 2016

Only compromise in any family case is MCD. The things which was given by them should be returned. Extra item which they have not given but claim let them prove they are with husband. Dnt worry sister your brother in law wife has file case , she has to prove her allegation not you have to prove your innocence. If case registered police will not arrest without investigation. Police will first investigate then file charge sheet in court. You all can apply AB. If husband wants divorce he should not publicly announced that. He should keep silent for sometime and watch what his wife want? After one or two year he can apply contested divorce . Mean while he can try MCD.
1 Like

Amarjeet   13 October 2016

Many Thanks for everyone's feedback.

The whole problem started the day the girl entered the house. Her expectations seems a bit different. And day by day she started blaming the boy for not having enough money for survival. She also blamed his friends that they are not good so he stopped talking to them. Then she said man's brother and Bhabhi is not good. So they left the house and started living separately. From then onwards, she started saying it was me and my husband who force them to leave home.

Within all this, their family who lives nearby keep on interfering and asking about the issues. There was no problem but she is facing issues in adjusting. Their whole family finally conclude everything happening is our fault. My father-in-law got so angry about all this and talked to his father in anger.

After that, they started saying that our family is asking for dowry. Meanwhile, the girl keeps on harassing boy mentally by fighting every day on different issues. She also accused the boy by saying very bad abusive words.

With all this, he needs to go to physiatrist on every week and went to medication. But when still doesn't stop, the boy left the house and started living with his friends.

Now the girl complaint in CAW cell there we need to go whenever they are calling and they are also concluding indirectly that the girl is accused.

Also, girl's father is trying to send messages about everything, and complaining and harassing us that all this is a crime by us and trying to make us feel guilty and afraid.

I HOPE ALL THIS WILL HELP YOU UNDERSTAND A BIT ABOUT THE CASE. IF ANYONE CAN HELP US PLEASE LET ME KNOW.

I believe this case has no ground but due to continuous torture we are facing, we want to get out of all this and want to have a normal life.

A walk alone (-)     14 October 2016

If they are complaining and harassing you then remember Newton's law "For every action, there is equal and opposite reaction." Make counter allegations against her, she tried to murder you, she threatened you, she beat you, she beat your kids, she stole from house etc. Hire lawyer he will draft then file it in your city. Make then also roam in your city court. One day when they tired in roaming courts then they will themselves come for out of court settlement. Then ask your brother in law to go MCD.
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