• Dvc case

My wife has filed 498a, Maintenance case in 2019, GWOP for child custody in Feb 2022. Her GWOP petition states that she is working and earning Rs. 20,000 per month whereas she claimed maintenance stating she is left by me which is anyway not true.

Also, she and my father-in-law brought up DVC multiple times during the last couple of years. I have not lived with her for the last 4 years and she refused to join me when I went back to the US in 2019. I came here in March 2022 and since then have been trying to see if we can work things out. Based on what some family mediators told me, I have been going to see her and my daughter since April 2022, but not staying overnight at my in-laws place. I go there and spend some time with her and my daughter almost every day for a couple of hours.

What grounds can she use to file a DVC case if our mediation does not work? I have not done anything wrong or abused her or anything. 

What protection do I have to challenge her DVC? Also, can me and my parents file against her as she hurled so many false allegations and abusive statements against us in the past?

I am so far refraining from filing a DVC or other possible options to ensure we try our best to be positive from our side, but I would like to find out our options to file against her before she files DVC or after she files DVC.

Also, since I am a naturalized US citizen during our marriage, there was no registration of our marriage in India even though there was a ceremony and we had a court Marriage in US after she came to US in 2014.

Thank you
Asked 7 days ago in Family Law
Religion: Hindu

11 answers received in 1 day.

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15 Answers

Yes your mother cand file DV case against her. You can try to be away and not file any proceedings as stated by you. Once she file you need to counter the same in court

Prashant Nayak
Advocate, Mumbai
26719 Answers
79 Consultations

4.4 on 5.0

The DVC is a quasi judicial hence it will be mainly concentrating on the financial needs of the complainant alone, therefore there is no penal provision at the end of the case.

If ther mediation fails and she is not accepting your terms then the court may pass an order for maintenance alone besides compensation for the tortures if her allegations are proved and for return of her dowry articles or the other household articles she brought with her.

Therefore there is nothing to be serious about the DVC case 

In any case you cannot file a DV case against her for whatever reasons you may rely upon.

If she has leveled unfounded or false allegations in the DV case against you and your mother then you challenge the same and nullify it with the support of the documentary evidences in your side, but your mother cannot file a DV case for this as a revenge.

If your marriage was not recognised to be legally valid then the court would not have accepted the case art all, hence there is no necessity for the marriage to be registered at that time. 

It was not mandatory to register the marriage at that time since it was solemnised as per Hindu rites.

 

T Kalaiselvan
Advocate, Vellore
77366 Answers
1458 Consultations

5.0 on 5.0

You cannot restrain wife from filing DV case 

 

2) you have to file detailed reply denying allegations made in complaint 

 

3) contest false case filed by wife on merits 

 

4) non registration does not affect validity of marriage 

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

Currently don't go into criminal. It will entangle you in the same. Once you get out of their false allegations you can file for harassment, defamation, false implication & using police machinery for their personal benefit

Prashant Nayak
Advocate, Mumbai
26719 Answers
79 Consultations

4.4 on 5.0

You can file complaint of criminal defamation against your wife under section 500 of IPC for maligning your reputation 

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

DV cases take 6 years to be disposed of 

 

it can be filed in magistrate court 

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

 As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter. 

- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.

- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

- Hence , if you are interested to live with her , then file a petition for restitution of conjugal rights before the family court in India for directing her to accompany you. 

- Further, if she has filed DV case on false grounds , then you have to contest the case for the dismissal her case

- Further being a woman , your mother can also file a compliant under the provision of DV Act against her against the harassment caused her by her daughter-in-law. 

- Further, if she is not interested to live with you , then take her consent for mutual divorce , and if not agreed then file a petition fort divorce on the ground of cruelty , separation and other mentioned grounds. 

Mohammed Shahzad
Advocate, Delhi
9473 Answers
107 Consultations

5.0 on 5.0

It is not necessary or mandatory tht you have to file a criminal case against them just because they have implicated you in a false case

The case which is allegedly false is not a reason to file a counter case against them, if you are aggrieved by this you may have to first of all challenge the same and get the case dismissed, even then you cannot file any case against them but can drag the concerned police for malicious prosecution.

T Kalaiselvan
Advocate, Vellore
77366 Answers
1458 Consultations

5.0 on 5.0

Dont worry much of DV case. 

Its for maintenance and residential order. 

I myself dont advice everyone to file DV case.

The main case was 498a criminal case. 

 

you still want to continue marriage ?

Because if she not joined you for 4 yrs and more then it seems it was already over. 

but based on mediators and you spending time with her and daughter then it seems it will work out in some time. 

 

Ankur Goel
Advocate, Bangalore
430 Answers

4.9 on 5.0

As far as the DV case is concerned it will not be dealt with by the police. 

The complaint can be filed directly before the court .

The major remedies available Under Protection Of Women Against Domestic Violence Act, 2005 are 

 

1. Right To Reside In A Shared Household (Section 17& 19)

Section 17(1) states that every woman in a domestic relationship shall have the right to reside in the shared household, irrespective of whether or not she has any right, title or beneficial interest in the same. Similarly, Section 17(2) prohibits the respondent to evict or exclude the aggrieved person from the shared household.

2. The relief of residence orders is thereby passed under Section 19 of the Act, while Section 17 talks about right to reside in shared household whereas Section 19 of the Act provides for the right to seek residence orders.

3. Under Section 18 of the Act, the magistrate is empowered, on the basis of his prima facie opinion, to pass a protection order to prohibit the respondents from committing any act of violence against the complainant

4. Monetary Reliefs (Section 20)

The adjudicating magistrate may direct the perpetrator to compensate in terms of monetary relief to meet the expenses incurred and losses suffered by the aggrieved woman in addition to any child of the aggrieved person as a result of the domestic violence

5.  Custody Orders (Section 21)

Section 21 of the Protection of Women Against Domestic Violence Act, empowers the magistrate to grant temporary custody of any child or children to the aggrieved person, with or without the visitation rights to the respondent.

6. Compensation Orders (Section 22)

Under Section 22 of the Protection of Women Against Domestic Violence Act, the magistrate is empowered to direct payment of compensation and damages for injuries- both physical and mental injuries.

 

Nowhere in the DV act there is a mention for punishment  other than if the respondent disobeys the court order. 

T Kalaiselvan
Advocate, Vellore
77366 Answers
1458 Consultations

5.0 on 5.0

You can file a police complaint stating that they can falsely implicate you in false cases

Prashant Nayak
Advocate, Mumbai
26719 Answers
79 Consultations

4.4 on 5.0

You can make payment for phone consultation and call the lawyer 

 

Interim orders you can expect in period of one year 

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

You can contact us through kaanoon if you need assistance

Prashant Nayak
Advocate, Mumbai
26719 Answers
79 Consultations

4.4 on 5.0

The temporary custody also will be decided based on the arguments presented by both the sides. 

You can consult the chosen lawyer by clicking the contact details available in this forum. 

T Kalaiselvan
Advocate, Vellore
77366 Answers
1458 Consultations

5.0 on 5.0

- You can contact any lawyer of this website for getting more suggestions. 

Mohammed Shahzad
Advocate, Delhi
9473 Answers
107 Consultations

5.0 on 5.0

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