• False Domestic Violence case

Hi Sir,
My brother married to a girl last year , it was arranged marriage. At the time of marriage , she was working at Mumbai and my brother is working at Pune. Post marriage , she was not ready to come at Pune and leave her job. Also, she and her family started mentally harrasing my brother and my family. Also, she was putting question on my brother's character if he is talking to any girl working in his company which is necessity of time. Also, the girl dont have brother, so she was pressuring my brother to leave my parents and take care of her parents. She never gave any respect to my family and brother. She always used to put demand in front of my brother which can't be fulfilled. She used to give money to her family from her salary monthly. 
 She used to abused my parents in front of my brother. she was not ready to spend a single day with my family. She planned a plot with her family and tried to interpret that my family is beating her , but the case was she tried to jump out of balcony , so my family tried to save her.
Now, she fiiled Domestic Violence case against our whole family and demaned lump sum amount which we aree not able to give.
Please suggest what should we do now.
Thanks,
Madhuri
Asked 2 years ago in Family Law from Noida, Uttar Pradesh
Religion: Hindu
Engage a lawyer to defend your family members strongly in the false D.V. case.Also to examine the petition to see if A.B. is required for family members. Explore possibilities of MCD. Pls. feel free to call.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
First of all do not worry so much,every problem has a solution ,you will have to fight the case on merits
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Filing a DV suit is easy but proving it actually is very difficult. Fight the case on merit, engage a good local lawyer.
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0
1. If she has alleged any thing against you & your family, then the onus of proving the same lies with her,

2. Hope you have collected enough evidence for her cruelty against her husband & parents in law,

3. Engagae a lawyer having expertise in the field and contest the case fittingly.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
do not worry,if you want i will guide you
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
1. You should collect audio/video recording of all her abuses including threatening to lodge false police complaint if lump sum money is not paid to her,

2. Examine what has been alleged in the said DV case and arrange for the evidence to contest each & every allegations mentioned in the said DV petition.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Hi,
 You need to prepare a reply and make your part of defense. Your wife will have to prove her allegations in the court. To disprove her the first way  cross examination by your lawyer , whatever the strong case one puts up and alleges,  most of them fumble during the cross examination .If there is no evidence to prove that her accusations are true she will not be able to win the case.. In some cases  court overlook the cruelty , orders maintenance if the lady is not earning, and other related reliefs under domestic violence act. If you have received the copy of the petition make sure that you prepare a defense for each allegation eyeing the evidence in the court . Narrate everything you experienced  and you know about the incidents mentioned in the petition so that your advocate will use each of them to put up a strong defense. Your reply is the best defense in domestic violence case, then see what kind of evidence you have, any witness , any documents, receipts, to prove that she stayed away most days, voice records, also you need to bring a defense that she  was blackmailing you with suicidal threats.,
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
I just mean that filing a DV suit is easy but proving and justifying the violence is another thing. If she has filed the DV case, she has to prove violence in court. Have faith in judiciary, it is always neutral in such cases. Deny all her allegation in the petition, also mention your points. If you have any evidence against her, present that as supporting exhibit. You don't have to pay her anything since your brother's married life is too short + she herself is earning+ she has no liability(child). If she really is as described by you then there are chances she will lose the DV suit or any other suit.
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0
you go ahead as per schedule settled on phone
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
Dear Querist
This is a simple civil case so no need to worry.  Engage a family law expert lawyer to fight the case and collecte more evidence in your favour. Fighy the case on merit.
Feel free to call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
as i mentioned do not worry engage  a lawyer and make appropriate reply
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Please follow what was advised to you on phone to get rid of false D.V. case.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
1) you have to fight DV case filed by your wife on merits . 

2) if your wife has made false  allegations in DV case she has to prove the said allegations 

3) you would be entitled to cross examine your wife on the allegations made in Dv case . 

4) engage a local lawyer and file detailed reply dealing with each and every allegation made by your wife against you and your family members
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0

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