• DVC and 498a

Hi,

 My wife filed DVC and 498A case with wrong house number.She did post-graduated. Both are court referred cases. My wife maternal uncle is Sr.Lawyer in court and he is witness also. 
Still She ( her lawyer ) filled petitions on wrong houe number. She filed petition that I was attacked her on wrong house number. Court also issued orders on wrong house number. In cross examination she was agreed that house number were wrongly written by policer officer not by her. Petitioner witness ( maternal uncle Sr. Lawyer ) is not coming to court last 3 months.
 Petitioner has not provided any kind of proof such as outside witness, marriage mediators, phone call data, marriage photo or address proof in court. Its been more than 2 hours, DVC case is still running. I am paying interim maintenance also. petition is not coming to court from last 3 months. Please need your valuable advice and suggestion. 

1. Under what section I can request to court to dismiss this wrong complaint.
2. Under what section I can request to court to take necessary action on petition for filing complaint with wrong house number even she is post graduated.
3. Under what section I can complaint againt DVC officer for not following regular procedure ( without checking address proof and verfication, filing case with wrong house number ).
4. In 498A, FIR and case diary also, have different house numbers.
Asked 7 years ago in Family Law
Religion: Hindu

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12 Answers

1. Wait for the completion of trial. If the charges are false then she could not prove the same and accordingly her case would be dismissed. But at this initial stage you can not get it dismissed.

2. If she has made any false statement on oath which she knew to be false and still made with a view to mislead the court she can be charged with perjury for which you need to file a petition under section 340 crpc.

3. It is not be obligation of the officer to check your address.

4. It will not give you much leverage. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1) if petitioner and her lawyer both are absent court can dismiss case under provision of Order 9 Rule 8 of the Code of Civil Procedure

 

2)  Section 28 of Protection of Women From Domestic Violence Act, confers power on the Ld. Trial Court to lay down its own procedure for disposal of the application and the Court while dealing with an application under section 12 of Protection of Women From Domestic Violence Act can exercise powers under Cr. P.C. as well as under CPC.

 

3) no case made out against DV C officer 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1) If you will present continuous six month hearing cases and  opposite party will   not present on hearing dates court will dismiss case for not attending hearing on this ground.

 

2) See a person can have multiple houses living at a time due to jobwise so you can't deny the address. If they have rights to live in that particular house than they can provided that address.

 

3) See her address is  not problem why they are not attending hearing that is problem. you better concentrate on problem.

 

4) You file case against them false allegations raised against you and ask court to kindly dismiss the case or ex parte it.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

It will not be dismissed on just that technical group still you can file reply if you desire. You can file application u/s 340 for the same 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. The court shall complete the trial in case and then decide same .

2. See if it is kind of typographical error there cannot be any step for the typographical error.

3.you can raise objection against the procedure in the court.

Further for complaint and false allegation on affidavit a perjury application can be filed against the wife.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

you need to contest the domestic violence case first and then I suggest you to file RCR near the place where you reside. It is common these days that women do file false cases, therefore contesting it is the only option you may have. depending on the material available only i may suggest you the remedy.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear Sir,

The following FAQ's will help you:

Case under Section 498a IPC Dowry Case – Defence how to take ….Frequently Asked Questions 

Can my wife or her family file a false 498a (dowry) case against me? What are the indications that a wife or her family can file 498a? 
A. There are some indicators which are listed at: http://www.geocities.com/gorky_maksim/pages/assessrisk.htm

Q. Neither I nor any of my relatives demanded or have taken any dowry. Can she still file 498a?
A. Yes. Any Indian wife and her relative can file 498a on her husband, his parents, sisters, brothers, grandparents, uncles, aunts, cousins, wives of brothers, and other relatives. 498a (dowry harassment case) leads to arrest without any verification or investigation. 

Q. I have given a huge amount, say Rs. 5 lacs, to my wife or her parents by cheque. Can she still file 498a? 
A. Yes. No investigation is done before 498a is filed and arrest warrants are issued without investigation. 

Q. My parents never stayed with us. Can she still file 498a against them?
A. Yes.

Q. My wife or her family is threatening to file 498a and they are very abusive. What should I do? 
A. Safeguard yourself, your parents and your relatives.
1) Be very polite in all circumstances. Record all conversations (voice, chat, email, letters, etc.) with those threatening and keep the originals in a safe place. Never produce the originals before anyone, not even before your lawyer. You can buy Olympus W-10 voice recorder, which costs about Rs.4500. You can also buy a telephone recorder.
2) Write a complaint to your nearest police station, detailing about blackmailing, her false allegations and her unscrupulous behavior. And request in your complaint to make her stop the threats and abuses immediately. 
3) File RCR (Restitution of Conjugal Rights). Remember to include conditions that she should agree on before she starts living with you again. 
4) Collect evidence to prove that you have neither demanded dowry or have taken it anytime.
5) Collect evidence to prove that she moved out of the bond of marriage for no apparent reason.
6) If she does not already know, make sure that she does not come to know that any of your family members is an NRI. 
7) Don't remain home during weekends and holidays. Have proofs of where you were. For instance, if you were in a mall, have a credit card transaction in that mall and keep the copy of that transaction. 

More FAQ’s on request.

Q. I think that I should go for divorce instead. Is it a good idea?
A. Don't make the mistake of filing for divorce. You will land up in a lot of legal problems. Apply for divorce only after you get RCR in your favor or after you get an ex parte decree on your RCR or mental cruelty is as extreme as mentioned in http://judis.nic.in/supremecourt/qrydisp.asp?tfnm=28609 

Q. I'm very worried about my parents. What should I do to protect them?
A. Disown them legally: ask your family members to give legal notice by way of affidavit in two newspapers. Ask them to produce the newspapers before the Circle Inspector and Investigating Officer before and when they come to arrest them. If your family members are still arrested, produce the newspapers at the time of applying for anticipatory/ regular bail. 
Show up a smiling face to them. Your happy face will provide them the strength. 

Q. My wife or her family are demanding money, joint property, joint account, separate accommodation, jewels, etc. and threaten, directly or indirectly, that they will file 498a if their demands are not met. What should I do? 
A. Don't meet their unreasonable demands. It usually doesn't help. It will rob you of your hard-earned money that you need to spend on lawyers later. If you lose it now, you will not have anything to fight your case later in court and you'll become almost a bonded labor. 
If you still need to pay them money, pay it as an explicit loan and only by cheque so that you have a record of the transaction. 

Q. We went to the police, but they didn't write down what I stated verbally. What is the solution? 
A. Simple. Write a complain letter yourself and submit the same in police station and get "received stamp" on xerox copy. If the police refuse to give a stamped copy, address your complaint letter to the "police officer in-charge, local area" and mention at the end of the letter that it is CC'ed to the SP. Then submit it to police. They are bound to take that and act on it. If they still do not give you a stamped copy, send it to the police by registered post and retain the acknowledgement.

  1. I fear that if the police take any action on my complaint, my wife will lodge 498a immediately? Should I still submit the complaint? 
    A. Yes. Simply tell the police not to act on it. Even if they say they will act on it, they will not (99.99%).
  2. When station in-charge of police station does not register the case, what can I do? 
    A. You have the below options.
    1) Try to get the reason for not registering the complaint in written.
    2) Approach SP of district. 
    3) Approach media.
    4) Approach local heavyweights, NGOs, human rights activists, etc. 
    5) If any of the above does not work or you do not want to take these approaches, then the last and final solution will be to approach the court. Please read the judgment below which clearly states what you can do if police does not register your FIR.

THE HON'BLE MR.MARKANDEY KATJU, THE CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE F.M.IBRAHIM KALIFULLA

W.A. No. 401 of 2005

6 . In our opinion, if it is alleged that a crime has been committed and some one goes to file an F.I.R ., and either the F.I.R. is not lodged at the police station, or, having been lodged, it is alleged that proper investigation is not being done by the police, then the remedy of the complainant is to make an application under section 156(3) Cr.P.C. before the Magistrate mentioning all these facts, and it is open to the Magistrate to direct the police to lodge the FIR and/or to do a proper investigation of the alleged crime.

  1. Is there anyway 498a can be averted at police station? 
    A. Yes. By effective bribing, 498a can be averted in police station permanently. But, if she has contacts, then it may not be possible.
  2. I want to discuss my case with someone. What are the helpline numbers? 
    A. Below are the helpline numbers of volunteers. At these numbers, you can get help and counseling for pre-498a and post-498a cases.

All India Helpline Number: [deleted] (24 Hours)

Volunteer Helpline Numbers (limited contact hours)

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

File for divorce on grounds of mental cruelty 

 

2) wife filing false cases of dowry harassment and domestic violence amounts to mental cruelty 

3) wife abusing husband amounts to mental cruelty and is ground for divorce 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You can file Divorce petition in family court at Hyderabad. You can contest all the other cases on merits if witnesses doesn't come you will be acquitted

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

See if witness not coming court can issue them summons then also can issue warrant and further if there is no witness case can be rejected.

Further you can file a divorce on ground of mental cruelty against your wife and can contest same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1.  You prove her case as false and seek dismissal, you dont have to quote any section for that.

 

2.  No section, this is a sundry matter, which court will not entertain any application especially when you have already appeared before court even though it was a wrong house number.

 

3. No action can be taken, read the above answer.

 

4. There are not fatal to the case, you may better concentrate on the main case and find out ways to get acquittal instead of worrying over such silly issues.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

From the contents of your subsequent post it can be understood that you are mainly concerned with the wrong address only and not about the main allegations agaisnt you and your parents.

The wrong address or wrong house number is not a matter of concern. 

The court will ask you that whether you accept and admit the offences charged against you people by her.

The court will not entertain your problem of wrong address etc. 

Hence it is advised that you better concentrate on the main case alone instead of getting diverted over the silly issues.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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