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KSPankajavalli (business)     15 August 2012

Dv act

My cousin brother's wife has moved out of matrimonial home and living with her parents for past 3 months now due to difference of opinion. After several rounds of talks between relatives,common well wisher, the differences between my cousin brother and his wife could not be sorted out. 

In the mean time,  My Cousin brother's wife filed  a DV act case (with false allegations) against my cousin brother and there parents in metropolitan court.  We have come to know later that my consin brother's wife has given a false address(ie her parents) and filed the case, so that she can get a particular magistrate/judge who would give her a favourable judgement against my cousin brother.

I can prove that the address she has given is false and she doesnt live there. Now my question is what can we do book my cousin brother's wife under cheating case or legal action for cheating the court by giving wrong address??

Any legal suggestions would be highly appretiable!!!

 



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 4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     15 August 2012

Under DV Act - a woman can file the case in the court having jurisdiction over the place where she currently lives. Hence if she is currently living with her parents - she can file. However if she has given a fake address - then she is liable for perjury. 

1 Like

KSPankajavalli (business)     15 August 2012

Thanks a lot Bharat chugh !!!

surjit singh (Assistant)     15 August 2012

In this case it will be very difficult to prove the perjury angle

KSPankajavalli (business)     17 August 2012

surjit singh ~ Could you please share you thoughs on why it wud difficult to prove on perjury angle? I can show her previous police complains where she has stated her real address


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