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Ashish (MANAGER)     07 April 2015

Quashing false dv case

Hello Experts,

Wife has filed a false DV Case in Jan-2015 exactly after 1.2yrs after deserting me. I had sent her couple of notices but she failed to return to her matrimonial house..in reply to my first private notice via my lawyer she falsely accused me of DV and dowry and when I replied to her notice denying all her baseless allegations in my second notice till date she has not replied to my 2nd notice.

Finally after a long wait I filed for divorce in Mumbai court under sec 12 and now when the Mumbai court summons finally reached her in Mar-15 she filed a false DV case 

Her family members had also verbally abused me and my parents in reply to that me and my parents have also filed NC with local police stations.

Guys pls reply...is there any way I can quash this false DV case against me and my parents pls note all the initiation like sending her 1st notice to come back, filing of NC's against her parents have been proactively done by me first.

I am in Mumbai and she is in Aurangabad and the false DV case has been filed by her in her place..experts any way out without visiting her place I can quash this false DV case.

Experts pls remember if she was indeed subject to DV then she shouldn't have waited for Mumbai court summons to reach her in respect of my divorce plea. It clears suggests that only after recieving the summons this wicked lady has filed a false DV. Pls suggest how shld I quash this false DV without going to Aurangabad.

Your valuable advise is welcome.

Thanks and Regards



Learning

 5 Replies

renuverma (advocate)     08 April 2015

You need to file a quashing petition before the Hon'ble Mumbai High Court invoking their inherent powers - consult an advocate for the same. as all the true state of facts need a mention with proper prayer in the petition.

it is a very obvious thing that after filing for divorce by u, she would go for DV act complaint.

Best luck

Thanks.

satya (Manager)     08 April 2015

In complaint cases high court not intervening

Ashish (MANAGER)     08 April 2015

Satya and Renu thanks for your reply..but experts can you pls guide me more...thanks ashish

Adv. Chandrasekhar (Advocate)     09 April 2015

Do not waste money.  In the given facts, HC will not quash the DV case.

Ashish (MANAGER)     11 April 2015

Thanks Chandra sir..so the best way is to fight the case and win it on merit. 

I have a query experts... in DV case will the maintenance to her will start immediately...these are baseless allegations filed after a clear afterthought..experts pls advise me.


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