• False dowry allegations against boy and his family

I would like to know if husband and wife are living separately in different cities from past 1 year without any contact and husband wants to file divorce against his wife as she force him to leave his parents ..then can she still file domestic violence and dowry case against his family? And if so then what steps should be taken to be safed and prove innocence
Asked 7 years ago in Family Law
Religion: Hindu

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4 Answers

1. The wife can file case under PWDV Act or u/s 298A IPC irrespective of the fact whether the husband files files suit for divorce or not.

2. So you have to decide whether you want divorce or not. Thinking future uncertainties will not help you.

3. There is no preventive action but if such cases are filed there are many things to be done to thwart the damage.

4. You can obtain anticipatory bail and once you get the same you win half the battle.

5. Then nothing remains in the 498A case though if your wife is unemployed you have give her maintenance.

6. If you are innocent you would not face difficulty to prove your innocence.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

498A and DV cases can be filed by the wife even if the spouses are living separately in different cities. To maintain a 498A case it is not required that on the date of filing the spouses should be either cohabiting or residing in the same city. As and when the FIR gets filed apply for and obtain anticipatory bail.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1) wife can file case of dowry harssment and Dv case against him and his family

2) in case false case of 498A is filed obtain AB from sessions court

3) in DV case apply for discharge for parents as there is no shared hosehold

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

If the wife is provoked on husband's decision of divorce case, she may to the the extent of filing false dowry complaints and false domestic violence cases against her husband and his close relatives.

The period of separation between both can be argued in the trial court during trial proceedings, no doubt it is an advantageous situation.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

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