How to deal with false dv case...???

please do spy recording of all these claims of using these false witness etc. this will be helpful in future to attack credibility of her witnesses

the best course of action in your case is to approach an expert lawyer handling  dv and, 498 a  cases  in your home town  and follow his advise in future

9 years of marriage? Dont worry. Tell her file DV case, let her file.  She cant prove anything.  NO thing to worry.

@ Author 

Please try to understand that a DV case is only for a protection order and for getting reliefs like  maintanence, Right to residence  etc u/s 18,19,20,21.Its nothing but greedy for money  . My Advice to you is read the DV act and go through a no of posts on DV act in these sections .Once you start visiting the court your court fear would disappear . Only after the protection order is passed and violation of the order has been proved than only the proceedings get criminal in nature u/s 31 of the act . Meanwhile try gathering evidences . 

The burden to prove the false allegations is upon her and to led evidence so stay cool . Let her get the false witness and when their cross examination takes place they will fall apart.From where would she get a medico legal certificate to prove that physcial violence has taken place or how would she be able to prove mental cruelty inside four walls of the bedroom . Next time tell her to go and file a DV case and say that you will contest the same for the next 5-7 years . Even if she files 498 A initally mediation takes place wherein you have the space to seek anticipatory bail . Once the bail is granted your first hurdle is over and you can relax and contest the case .

best advice after 9 years of marriage is to make her counselling because till 9 years you know her better what is she and how you can talk to her 

dear Stanley / Helping Hand / NGOKC / others,

Thanks a lot for ur replies... a few small questions....

plz do reply..... - what kind of evidences can i collect ?

- wud voice / spy recordings help or can i collect some other evidences also.. ??

- she says, she has doctors in her circle who wud give a false certificate also....won't that go against me ??

- is it advisable to inititate the divorce case against her OR let her file a case of 498 first. BUT she isnt going ahead as she keeps threatening and increases her demand everytime we talk.

- whats the procedure of taking anticipatory bail, if she files a DV case against me. and does it really take 5-7 years in every case.. ??

- i have a son...of about 7 years who has been brought up by me and my mother.... how can i get his custody ? what are the chances of the father getting custody ?

waiting in anticipation.........

regds

V

No need getting hyper sensitive let her file the cases than you can catch hold of a lawyer . The statements she makes that she has doctors in her circle rebutt the same by farting . 

Let her make a false MLC certificate . You can always counter her claim as to why FIR has not been Filed on that particular night . Normally the procedure would be that the doctor who issues the Medical certificate has to first report the same to a police station in its vicinity . The police would direct her to a goverment hospital for treatment . you can always counter the claim that the hospital is a part and parcel to her false allegations and assisting her in her false allegations . 

In court you can pull up the receptionist who filed her admission , the nurse , doctor who attended on her and question them as to why this case has not been reported to the police .So relax and be happy .Its not so easy for them to prove a false case  

dear stanley,

Thanks a ton for ur revert !!  ur replies really give me courage to face all that what has been a fear since almost 2 years..

Plz care to reply my small questions....which i have asked in my last post in this thread...

thanks....again !!!

V

Newtons third law of motion " for every action there is a equal and opposite reaction "  SO if Divorce is filed so would she file DV . Retain the kid with you even if she moves out of the matrimonial house . let her approach the court for custody and than you contest the case as welfare of the child is taken into consideration for awarding custody and visitation would be granted to the person not having custody .

@stanley.....dear sir, request you to kindly read your pm, request your assitance...thanks

@ fighting back 

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Reserve: August 25, 2010 Date of Order: 30th August, 2010 Crl.M.C.No. 130/2010 & Crl.M.A.No. 504/2010 30.8.2010 Rachna Kathuria ... Petitioner Through: Mr. P.Narula, Advocate Versus Ramesh Kathuria ... Respondent Through:Mr. S.S.Saluja, Advocate JUSTICE SHIV NARAYAN DHINGRA 1. Whether reporters of local papers may be allowed to see the judgment? Yes. 2. To be referred to the reporter or not? Yes. 3. Whether judgment should be reported in Digest? Yes. JUDGMENT By this petition under Section 482 Cr.P.C. the petitioner has assailed an order dated 22nd October 2009 of learned Additional Sessions Judge passed in appeal whereby the appeal of the petitioner was dismissed. 2. The petitioner filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (in short the Act) and along with it she filed an application under Section 29 of the Act seeking maintenance. The learned Court of MM observed that petitioner was living separate from her husband since 3rd January, 1996. She had filed a Civil Suit under Hindu Adoption and Maintenance Act and an application under Section 125 Cr.P.C. and she was getting a total maintenance of ` 4000/- per month from the respondent. In case the petitioner felt that maintenance awarded to her was not sufficient, the proper course for her was to approach the concerned Court for modification of the order as already observed by the High Court in a petition filed by her earlier and the application was dismissed. Against this petitioner preferred an appeal. The learned Additional District Judge dismissed the appeal and the petitioner has preferred this petition. 3. It must be understood that the Protection of Women from Domestic Violence Act, 2005 does not create any additional right to claim maintenance on the part of the aggrieved person. It only puts the enforcement of existing right of maintenance available to an aggrieved person on fast track. If a woman living separate from her husband had already filed a suit claiming maintenance and after adjudication maintenance has been determined by a competent court either in Civil Suit or by Court of MM in an application under Section 125 Cr.P.C. she does not have a right to claim additional maintenance under the Act. The Court of MM under the Act has power to grant maintenance and monetary reliefs on an interim basis in a fast track manner only in those cases where woman has not exercised her right of claiming maintenance either under Civil Court or under Section 125 Cr.P.C. If the woman has already moved Court and her right of maintenance has been adjudicated by a competent Civil Court or by a competent Court of MM under Section 125 Cr.P.C., for any enhancement of maintenance already granted, she will have to move the same Court and she cannot approach MM under the Protection of Women from Domestic Violence Act by way of an application of interim or final nature to grant additional maintenance. This petition is not maintainable and is hereby dismissed. SHIV NARAYAN DHINGRA, J. August 30, 2010 vn Source link: https://lobis.nic.in/dhc/SND/judgement/31-08-2010/SND30082010CRLMM1302010.pdf

@stanley...thanks a ton sir...appreciate your help