sg (ow) 17 January 2015

Post dv case judgement

Hi everybody,

After fighting DV case for more than 7 years, last week judgement was passed in my favour and the case was dismissed. The details of the judgement i am yet to get. My advocate said that the case has been dismissed without any other reference.

They filed false cases (i have even 498A still running and it is in evidence stage - petitioners side) and stopped attending DV proceedings for more than a year, now it is dismissed. Please throw some light for the below mentioned queries -

1. If the case is dismissed, can they go for appeal? If yes, what is the time frame, within which they should file appeal?

2. Is there any penalty like thing for filing false DV case?

3. Will the dismissing of DV case, help me in anyway for 498A case?

Please learned members help me in this matter.

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8 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 18 January 2015

Dear, They can go in appeal .... Period I need go find.... Yes you can seek compensation for filing the false case ..... But you saying that 498A has also been dismissed .... Then why u need the advice on the benefit of DV dismissal in 498A .... Kapil Chandna Adv 9899011450

sg (aa) 18 January 2015

Hi,

Thanks for your response. I wish to clarify that 498A case is not dismissed, but the case is still on and it is in evidence stage (Petitioners Side). Only DV is diismissed.

Kindly let me know the time limit to file an appeal from my side for relief regarding filing false case against me.

Thanks again.

sandykrish (Interested in Family LAW) 18 January 2015

Yes the time limit to go for an appeal is 90 days

sandykrish (Interested in Family LAW) 18 January 2015

Once the case dismissed why do you want to go for appeal unless the judgement is against you. Now collect evidences and file separate cases. You ordered a meal, you want Chinese, Indian, Italian.

sandykrish (Interested in Family LAW) 18 January 2015

I still stand with my time limitation. 90 days for appeal and ASAP for other cases. Options available are like Perjury, Defamation etc....

sandykrish (Interested in Family LAW) 18 January 2015

Use DV judgement judiciously for your 498A case, thoroughly find out what has been lied under oath in DV and in 498A. You can do it yourself . Yes this will be useful.

rebellion (fighting against bias law) 18 January 2015

Could you please post judgment so others can take help

T. Kalaiselvan, Advocate (Advocate) 20 January 2015

In my belief the DV case was dismissed due to non appearance of her(?), it means the curt has not confirmed the false case hence you do not have a chance for perjury or defamation etc. Ofcourse you may quote this in pending 498a case trial stating that she has not bothered to pursue the case since it is false in nature hence this case also was foisted falsely against you. This stand my help you get acquitted in 498a too.