• DV case has been filed by my wife after 15 moths leaving my house so what approach I should take

My wife left my house in November 2016. I made multiple attempt to bring her back with 3 follow up meeting at her matrimonial home but there was no positive affirmation shown by my in laws and her.
In june 2017 I sent her legal notice asking her to come back but I was flabbergasted to see her reply where she alleged me and my family for dowry,physical and mental harassment. She in July 2017 has file one complaint in police station for 498A, along with DV and streedhan, we had multiple conversation in police station and counselling center but there was no solution. Now she has filed a DV on 21 Feb 2018 against me and my family after 15 months leaving my house, Please suggest further action and approaches which will help me in this case.
Asked 4 years ago in Family Law
Religion: Muslim

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19 Answers

Dear Client,

Wife have no right to claim reliefs, if she will fully left the house.

File for Restitution of Conjugal Rights in Family court u/s 9 of Hindu Marriage Act.

Wife Living Separately From Husband Without Any Reason ... - Live Law

The Madhya Pradesh High Court (Indore bench) in Anil Jain vs. Sunita Jain, has said a wife residing separately from husband without any reason is not entitled for maintenance under Section 125 of CrPC.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

15 moths superb, go for non maintainability petition, as after 1 year its not maintainable.

DV case is not maintainable after 1 year of no-cohabitation. You may refer apex court judgement in Inder kumar grewal case delivered in Aug 2011.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

1) file detailed reply denying allegations made in DV case

2) your personal presence is not necessary on each date .

3) your lawyer presence is sufficient

4) burden of proof is upon wife to prove her allegations made in DV case

5) Dv cases take 5 years to be disposed of

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Hello sir , it is advisable to apply for anticipatory bail , to avoid fear of arrest .. Simultaneously , file for quashing of FIR and DV case in high court under section 482 Crpc

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

1. Since 498A case has been filed the option left to you is to first apply for anticipatory bail which is likely to be allowed .

2. With regard to the DV case you will have to contest the case on merit.

3. If your wife is unemployed then you can not avoid maintenance though you can defend the 498A case and after trial you would come out acquitted.

4. So engage an advocate and contest the seriously. if you show any weakness her demand would be skyrocketed to settle the case amicably.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Since your wife is not in domestic relationship with you from past so much time than the allegations in suit are old and does not hold any good as there is no plausible explanation for same.

Bombay high court recently ruled after separation of one year there can be no domestic violence complaint as both are not in any domestic relationship.

Since only the DV case is filed then you do not require Anticipatory bail otherwise if there is 498A take a AB from the court. Also contest the same DV case on merits and provide evidence to that effect that it is filed with motive to harass you.

Also the burden of proof is on wife you just have to file your reply to her complaint and give evidence to the effect.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You have to file your reply to DV Application filed by your wife first. You can always bring the letter which you filed in police previously with your reply to DV.

Engage an advocate who can appear for you.

You can state to court her malafide intentions.

She can ask you for maintenance n shelter in DV if she has not filed any interim application till now, be prepared to reply. Is she working woman if yes you can always bring in attention of the court. Besides 498 A complaint can be quashed in high court if no investigation report filed by police is negative means nothing found.you may contact a good lawyer this can be quashed

Anita Hiranandani
Advocate, Mumbai
11 Answers
1 Consultation

4.8 on 5.0

Please approach to High Court for quashing the FIR against you and family. This will save you and family from any arrest by police as 498A is cognizable offence.

In case there is no progress in reconciliation the the next step will be divorce petition and well before you may file Restoration of conjugal rights.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Engage a lawyer and file a meticulously drafted reply to her DV complaint.

Deny all her false and concocted allegations in the DV complaint.

If she'll be unable to make out a case against you(which most definitely will happed since she'll not be able to lead any evidences against you), the Court will dismiss this case.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

What to do if a False Domestic Violence and Dowry case is registered against you

If a false complaint is registered against you by your wife, you have two options – either to defend your case and wait for the judgement or to file a counter case against your wife and prove her wrong. Both are detailed below.

Defensive

You can defend yourself and your family from being sent to jail because of the false complaint. You have following options to defend your family and yourself-

Collect as many pieces of evidence as possible

Record all conversations (voice, chat, email, letters, etc.) with those threatening and keep the originals in a safe place. It is advised not to produce the original evidence before anyone.

Collect evidence to prove that you have neither demanded dowry nor have taken it anytime.

Collect evidence to prove that she moved out of the bond of marriage for no valid reason.

This evidence will be fruitful in the time of getting anticipatory bail or notice bail from the court.

Safeguard your Family

There are hundred of cases where the whole family is put behind the bars just because of one false complaint. Section 498A has a very wide jurisdiction under which the women can complain against anyone in the family. Even the mother and the father of the husband are not immune. In such a situation the husband can do the following to safeguard his parents and other family members –

Once the FIR is lodged, the man can apply for anticipatory bail or notice bail so as to ensure that the innocent family members are not going behind bars without any just cause.

How the case turns out would totally depend on which state the case is lodged. Different states have different mechanisms to deal with the problems of false cases.

What I suggest in such circumstances

If the police reject to file your complaint you can write a complaint letter and send the same to the SP/commissioner as the case may be and get a “receiving copy” of the complaint.

If the police refuse to give you a receiving copy, you can send the complaint to the police station by registered post. The acknowledgement of which must be kept safe with you.

Police have a higher chance of acting on your complaints after this.

One of the common mistakes the victims of a false 498A complaint do is to try to manage the whole matter on their own and not involve any legal expert in the issue. This often leads to damaging their own case. So, it’s always better to engage a legal expert such as a lawyer to advise you on the matter and if possible do the leg work as well.

File RCR (Restitution of Conjugal Rights)

If your wife has left your place after all the blackmailing and threatening, you can file RCR (Restitution of Conjugal Rights) mentioning the conditions that she should agree on before she starts living with you again.

Do not enter into a Settlement with your wife

If you have to compromise, do it without paying any money. By paying her money you will indirectly accept the blackmailing and guilt. Your act will encourage fraudulent women to do more blackmailing.

Despite all this, if you decide to pay and compromise then do not pay all the money till High court or Supreme court have given the final order of compounding the IPC 498A and all offence including the divorce decree. This is where your lawyer’s role in negotiations will be critical. You should get the settlement conditions agreed by both parties in writing (in the same agreement) including her and her family members. Also get them to file A court statement under IPC-156 that they will not challenge this order in higher courts and that they will take back all the cases filed against you and all your relatives in all the courts. They should get the final instalment of money after all cases and proceedings are withdrawn and closed.

Raise the issue of false complaint

Start writing letters to the media, human rights organizations, etc, telling them about the misuse of Section 498A. Use social media platform for reaching the mass. This will not give you legal relief but bring the attention of the society toward the misuses of the law.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Hi

Your wife should prove and establish all the allegations made by her.

There is concept of Limitation, which will hit her DV case.

First of all obtain station bail / bail in 498A for all the accused.

Collect all relevant information and material proofs in your support.

Defend the cases filed by her. Attend all the hearings without fail.

Obtain certified copies wherever they are available.

Write to your area's SP, ACP, DCP, CP and Collector of your District bringing the intentions and false cases filed by your wife. Under proper acknowledgement.

Before doing all this make sure that what ever you speak / act should be clean and do not give them chance.

Good Luck

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Hello,

Challenge the FIR in the High Court on the ground of delay and on the ground that the same has been filed with an intention to hurt you and your family and that the FIR is vague and liable to be quashed.

Get in touch with a local lawyer.

Regards.

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

There is no surprise in she filing one by one false cases agaisnt you.

This is called misuse or abuse of law which is in favor of women

There is nothing that you can do about it, you can challenge all her false cases in the trial court.

In the meantime since these false cases come under the grounds for cruelties, you can file a divorce case on the grounds of cruelties, provided you will not be able to endure the tortures and there are no possibilities for reunion.

DV case can be filed at anytime since it is treated as a continuous offence.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

You need to secure Anticipatory bail first in the said matter. Later you can contest the same in Court by appointment of lawyer

Prashant Nayak
Advocate, Mumbai
27275 Answers
88 Consultations

4.4 on 5.0

You can decide about discontinuing the married life if the situation is intolerable. 

However,  this will not bring an end to the pending criminal case. 

You may have to face the same as per law. 

She need not appear before criminal court on each and every hearing. 

If she's not deposing evidence then court may issue bailable warrant against her. 

 

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Court can issue bailable warrant against complainant if she has remained absent for number of dates 

 

2) you can give your wife 3 consecutive monthly divorce notices 

 

3) divorce should be preceded by attempts at reconciliation 

 

4) reasons should be mentioned for divorce 

 

5) return her Meher and pay her maintenance during iddath period 

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

If the complainant is not present the court may issue warrant against the complainant .

Secondly as such nothing can be done of these false rumors though you can give a legal notice to her of defamation and can seek damages but pending case filing defamation won't be great idea.

You can send her a talaq notice and then can talaq her. After same file declaration of same before the family court.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Now state will represent the case and she will be required for recording evidence. That stage will come after long time than court will issue her notice. Till than her presence dose not require.

You can file civil suit of injunction, court will direct her not to defame you in office and in public. You are muslim, talaaq is easy. Ila/Hasan etc.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You can seek issue of warrant against the complainant at the most

Prashant Nayak
Advocate, Mumbai
27275 Answers
88 Consultations

4.4 on 5.0

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