• False DVC and 498a

Dear Sir,

My friend is going through a divorce case. He has approached the court with all the relevant proofs that his wife is cheating on him. There are several pics which indicate that they are more than friends. There are couple of videos in private in the house where the two hugging and cuddling. He assumed that his case is strong enough to get divorce without paying any kind of maintenance or alimony.

It was expected that she would file a 498a & DVC on him and his family. But very strangely, she filed a 498a & DVC on ME & My Dad. How is this correct ??

Is this even valid for the court to accept her petition.

Kindly confirm.
Asked 7 years ago in Civil Law

3 answers received in 10 minutes.

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6 Answers

It is not valid .. What are your relationship with her... Are you from her matrimonial side.. Cousin of her husband ?

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

1) DV and 498A is not maintainable against you

2) I presume there is no domestic relationship and shared housed . Hence no DV case is maintainable

3) 498A case can filed against family members not friends

4) file for quashing in HC

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

Hi, It is very difficult to prove the allegations before the Court and you have to contest the case on merits.

1. First both of you applied for anticipatory bail and for DV you have to engage your advocate and contest the case.

Pradeep Bharathipura
Advocate, Bangalore
5611 Answers
338 Consultations

No, this isn't sustainable. Contact a local lawyer to assail the 498a fir and the DV act proceedings separately in the High Court. The court should mostly grant you relief.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

Hello,

498A and DVC must have been filed by means of the FIR, and police must have lodged the FIR. It is not necessary thereupon that you ill be convicted; and since you and your dad have no relation to that girl it is highly improbable that anything will happen in this case, but still in order to protect your right you can approach the Hon'ble High Court under article 226 of the Constitution and challenge the same.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

Firstly you should understand that she cannot lodge 498a case before police station only and not before the court.

She can file domestic violence case before court directly, which will be referred to the social welfare department who will in-turn conduct mediation and enquiry into the alleged incidents mentioned in the complaint.

You may verify the details before concluding.

How are you related to this affairs.

DV case cannot be made against the outsiders of the family, you can contest the same on the same grounds.

You cannot be involved in the dowry harassment cases, which is also out of provision.

You may revert with proper details or consult a local advocate with details for taking opinion and suggestions.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

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