• False allegations against my family

Sir, my wife has filed a false domestic violence case against me And my parents and my sister who is married, married 6 years back, separated for the past one and half years, my son is with me and he is 5 years 4 months, she has complained about physical abuse on all family members, mental abuse against all family members, sexual abuse on my father, and not asked for child custody, she has demanded maintenance 1lakh p. M. , rent 10,000 but staying at her sisters house and working with her boutique, I and compensation if 20,00,000. My father is having own property in his name, what options do we have for defending ourselves from all these false allegations. Can we go for quash petition .pls advice .
Asked 7 years ago in Family Law
Religion: Hindu

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9 Answers

1)if you are staying separate from your parents and sister then no DV case is maintainable against them

2) to fall within ambit of DV act it is necessary to satisfy 2 tests domestic relationship and shared household

3) in present case if you are staying separate there is no shared household

4) you can file for quashing in HC

5) DV cases take 5 years to be disposed of

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1) apply for discharge for your sister as there is no shared household

2)contest the case on merits.

3) burden of prof is upon wife to prove her allegations

4) your parents personal presence is not necessary . it is sufficent if represented by lawyer

5) transfer application may not be granted

6) wife has no share in property standing in father name

7) if you are job less in your reply mention that you dont have any source of income at present

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. Filing of transfer petition is a good option.The difficulty of your parents can be considered in court.

2. If your wife is unemployed you can not avoid maintenance though you can try to show lesser income.

3. You should contest the case on merit and there is no need to day to day attendance in the case.

4. Wife has no share n the property of husband though she has right of residence if you have any residential property.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. What is your net monthly income?

2. Collect evidence that she is earning through her Boutique for which she will not be eligible to claim any maintenance.

3. she will have no claim on your or your father's property during your lifetime. She can claim maintenance only if she is not earning.

4. Since she has not yet filed any 498A complaint, you are in much comfortable position now. Contest the cases filed against you fittingly.

5. You can file a divorce suit against her on the ground of cruelty keeping in mind that lodging/filing false complaint/case against husband is also treated as cruelty for seeking decree of divorce.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. You shall have to contest the cases filed against you fittingly basing on their merits.

2. Collect the evidence of her earning as suggested in my earlier post to contest her maintenance petition.

3. She will have no claim and right on your and your father's properties during your life time as stated in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. All of you can fittingly contest the DV case filed by her. The onus to prove the allegations is squarely on her. Unless she can prove that she has been a victim of domestic violence she cannot get any of the reliefs sought by her. Engage a good lawyer for your defence.

2. Whether or not applying for quashing is a good idea can be told only after the perusal of the petition.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

The DV case cannot be transferred from her place to your place but your parents do not have to appear personally in the court on every hearing. The appearance of your lawyer shall suffice.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

she has demanded maintenance 1lakh p. M. , rent 10,000 but staying at her sisters house and working with her boutique, I and compensation if 20,00,000. My father is having own property in his name, what options do we have for defending ourselves from all these false allegations. Can we go for quash petition

In the false DV case the maintenance amount sought also would be inappropriate and exorbitant.

She has to prove the sources of income for seeking such an high amount as maintenance and compensation.

For filing a quash petition you may have to create proper and solid grounds which include documentary evidences and merits in your side.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

My wife has made false allegations on dowry also in the same Dv petition, we are joint family and my sister is staying separate, what options do we have for defending ourselves. Can we get the case transferred to Bangalore from Chennai as my parents are old and difficult to travel. How do I fight the maintenance and compensation as I am job less at present. She has made wrong and excessive demand for sthridhan also. Pleas tell me what rights she has if any on the property and how it can be safe guarded from, property is in my father's name gifted to him by my grandfather.

All such false claims are common, especially it would be an handiwork of an advocate behind the scenes.

You can challenge her claim before the court on the basis of merits in your side.

You may file a petition before the trial court with documentary evidences of medical certificates, etc., under section 205 cr.p.c. seeking to dispense the personal appearance of your aged parents on medical grounds.

For transferring the case from Chennai to Bangalore, you may have to file a petition before supreme court only.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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