• Domestice violence case

My DV was withdrawn by my wife last year in 2020 December after an agreement ( It was a false DV case ). I would like to know the following - 

1. Will the court record still show that a DV case was registered against me ? 
2. Will my future employer while doing a background check come across my DV case and that might hamper my selection. 
3. I am planning to immigrate to Canada and will also offer my wife to come along with me, can immigration to Canada be a factor for my wife to again file a dv against me. 
4) Now that the DV has been withdrawn, should i still keep all the evidence with me for future reference. 
5) Is there a way to file a petition for removal of my court records so that my employment is not hampered.
Asked 3 years ago in Family Law
Religion: Hindu

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10 Answers

1) court records would show that DV case was filed against you 

 

2) it would not hamper your selection process because wife has with drawn the case 

 

3) if wife does not want to migrate abroad she may file false case against you 

 

4) keep the evidences with you 

 

5) court records would not be removed 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

If a case has been withdrawn it is not likely to show. Kindly send the screenshot from the ecourt site or send the case no, name of Hon'bl e judge and place and right advise can be given thereafter.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

Domestic Violence Act, 2005 is not criminal Act. The proceeding under the Act are not public record and will not affect your career.

  1. The court record will show that the case is dismissed.
  2. Record of domestic violence case will not show in background verification.
  3. Filing of domestic violence on migrating to Canada is matter between you and your wife.
  4. Only the order which says the case is dismissed need to be preserved.
  5. Record of court are destroyed as the rules of destruction of records. Records cannot be removed as they are entered in different registers.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

1) Yes, court records will be shown against you of DV case.

2) Doing background check is not in your hand, let them do it. No, it won't hamper your selection you can show case has been cancelled.

3) What is running in your wife's mind she and God only knows, if she want to file DV case against you or not.

4) Yes, you have to keep all evidence of DV case filed and withdrawn against you keep records till life long.

5) No, need to worry about it. It's not criminal matter. You can tell employer that it's family matter case and that too has been withdrawn.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

No now it has been withdrawn. The records are clean now. She may file again. She may show another incident.

Yes keep all the evidence.

The court records would reflect that a dv case was filed but was withdrawn.

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

Dear Sir,

After withdrawal of the case, there is no relevancy of the case even it is reflected in court records. The immigration factor should never be a ground to file a DV case. You may keep the evidence for future reference because there is no certainty of conduct of any person. You are suggested not to worry regarding the court records. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

1. Whether withdrawn or not, the records of filing a DV case against you would always be available in the court records.

2. The DV case is not a criminal case.

The DV case has been closed subsequent upon she withdrawing the case, hence you obtain a certified copy of the orders to prove that the has been withdrawn by her in case where you need to give an explanation.

3. DV complaint can be made anytime even after withdrawing the previous complaint so long as she remains in marital relationship with you, hence the immigration to Canada may also be utilised by her for this complaint if he is not willing to come with you and if you still force her.

4. It is upto you, because the DV is a continuous offence.

5. No

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

Dear sir,

 

Every court has a record of all the cases registered. Even though you wife has withdrawn the case, there will be record of cases to show that a case had been filed against you some time in the past.

When an employer does a criminal background check as part of pre-employment screening, they generally approach public authorities and scan through database of  public records. Also note that this level of scrutiny varies from the type of organization. Government agencies have a more strict level of vigilance. However, mere filing of a case cannot be enough to consider you as unfit for a post. You have never been convicted of a crime and this does not affect your moral turpitude test. Therefore, It shouldn't affect your selection. You can also write an affidavit mentioning the whole situation from your standpoint and asserting that you were never involved in a criminal activity. 

Your wife could again initiate a false DV case just because she is unwilling to immigrate with you. 

It is always advised to keep the evidence safely with you as there is always an apprehension of a DV case being filed in future. No, you cannot request for removal of cases from court record. Thank you.

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

1. Yes.

2. DV case is quasi criminal in nature and hence no adverse impact is created in job market. 

3. She can file case anywhere or at anytime if there is cause of action. 

4. Yes.

5. No.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

1. Yes 

2. No, since the said case already withdrawn , then the employer cannot take any legal action 

- Only filing a case against a person ,not declared him an accused of the case , until the court pass an order for his conviction . 

3. No

4. Yes, if she files a case against you in future , then you can produce the same before the court. 

- However, as the said case was withdrawn , then it has not much effect . 

5. No, you cannot file a case for removing the government record. 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

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