Need help and suggestion on false dv case

(Guest)

Originally posted by : Vinay-----

Hi Experts,

If Boy and Girl get only registered married by special Marriage act before 3.7 years, Marriage ceremony never happended, also the marriage is not consumated becuase they never lived in Domestic relationship also both parents was unaware from this but now they know all & they tried to bring her by all possible way but didnt get success so Boy File Divorced case on the ground of desertin & cruilty in his district court 2 hearing has been passed but Girl not come to court neither her advocate and Boy got next date in this month but Now she file DV case on all family of Boy on Father, mother & sister of BOy but Boy sister are living in Mumbai for her education from 4 years so my question is if both are not living in a Domestic relationship and both are living in different cities. As it is clear that when the parties are not living together there is no Domestic relationship then although Girl filed Domestic Violence then what need to be done by boy for quash the false case.

Logically your questions are correct. Read on.

Need Experts Suggestion ?

Please suggest me, How to prove this she put false allegation on all entire family, & we can easily proove that she never live in Matrimonal home, so My question is if we have enough proof to proove this although we have to fight in district court of her city till Final Result. is there any way to file for quash or make stay on this false dv case?

Proving can be done through facts. If your wife has not asked anything u/s 23 of DV act, then you directly approach HC for quashing of such DV case. As only HC has the power to dismiss such DV case in entirity.

Reg

Vinay

498-must-scrap (Manager) 08 August 2013

Hi Helping Hands,

Thanks for your reply, Case has been filed under folling acts

ACTS
Under Act(s)	Domestic Voilence Act, 2005
Under Section(s)	12

(Guest)

Central Government Act

Section 12 in The Protection Of Women From Domestic Violence Act, 2005

12. Application to Magistrate.-

(1) An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs under this Act: Provided that before passing any order on such application, the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer or the service provider.

(2) The relief sought for under sub- section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent: Provided that where a decree for any amount as compensation or damages has been passed by any court in favour of the aggrieved person, the amount, if any, paid or payable in pursuance of the order made by the Magistrate under this Act shall be set off against the amount payable under such decree and the decree shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908 ), or any other law for the time being in force, be executable for the balance amount, if any, left after such set off.

(3) Every application under sub- section (1) shall be in such form and contain such particulars as may be prescribed or as nearly as possible thereto.

(4) The Magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days from the date of receipt of the application by the court.

(5) The Magistrate shall endeavour to dispose of every application made under sub- section (1) within a period of sixty days from the date of its first hearing.

So what does Section 12 say?

Let me explain in short.

If for eg you have beaten your wife black and blue and she has lost vision, or you broke her hand, or leg, or broke her head, and she had to go medical treatment, then court will order compensation to be paid by you to her.

Such compensation will be ordered if an act of DV has been comitted. If no such DV has not been comitted, then no relief shall be given.

Going by the book, first hearing should already be over ie on reciept of application from your wife which is 3 days. for eg today Magistrate has recieved application under DV on 8/8/13 then max by 11/8/13 will be first hearing where in you have to appear with co-accused.

And such case should be finished off within 60 days of first hearing which shall be, 11/10/13.

498-must-scrap (Manager) 08 August 2013

Then What should I do Now, Shall I go to High Court or should be fight on Merits

Vinay

(Guest)

Originally posted by : Vinay-----
	Then What should I do Now, Shall I go to High Court or should be fight on Merits Vinay

Depends on your financial capacity and patience.

1. HC, quick results, big lawyer, high fees.

2. Magistrate court or Sessions court, local lawyer, less fees compared to HC lawyer, slow results.

Go to HC if you are sure that you have not commited an act of DV including shouting [check if there are witnesses like neighbors etc] or else fight it out in Magistrate court or Sessions court.

498-must-scrap (Manager) 16 August 2013

Hi,

She is not appearing for the last 3 dates, Now she has put transfer petition in HC to transfer the case to her District court, I didnt get copy ye so I dont know the grounds No income & threat at husband's place. on the Other hand she filed DV case in her district court.

Experts, pls. suggest me share any SC citation/judgement to counter the TRANSFER CASE.

thanks