PCC would reflect pending criminal cases against you
2) you should contest divorce case filed by wife
3) contested divorce cases take years to be disposed of
4) if wife wants divorce ask her to with draw pending cases against you
How to get PCC while False 498a,DV and Divorce case filed by wife
Hi Everyone, Looking for advice!!! I am working as a software engineer in Hyderabad, I sent my wife to USA to perceive her dream of Masters. We lived separately for almost 3 years, and I stayed with her in USA last year for a month. After securing job she suddenly started forcing me for divorce initially I have not agreed, later after 4months I agreed for divorce. I between I tried for mediation for multiple time by calling her and her parents and visited her grandfather house along with my dad and 2 relatives. Once I agreed for divorce , her mother went to police station and filed false498a and theartening me and my family that more people will be included kind of statements. I tried to quash in the court, but there are bills like she spent for my covid test report during my visit in USA and oneway flight ticket attached to the FIR, FIR doesn't quashed but gave relief saying police station visit is required only when Notice is served by police. My wife recently came to India and filed Domestic Violence and Divorce case as well. What is the best approach to fight? How to get PCC in my case?
Asked 3 years ago in Family Law
Religion: Hindu
16 Answers
I'm sorry to hear about your situation. It can be stressful and overwhelming to deal with cases like this. Here's some general advice based on the brief summary provided by you:
1. You can apply for PCC and explain the situation in order to obtain the same.
2. Please share the details of the case and also of the FIR in order to obtain concrete advice.
3. Keep copies of all the communication: It's important to keep copies of all communication with your wife and her family for future reference. This can help you in building a strong case.
4. Make sure you only state the facts and truth in your case. Don't exaggerate or make stories that can harm you in the long run.
Regards
@Ajay, Thanks for quick response, I tried to contact her multiple times before filing cases, even I said if you need Divorce I am ready to give you, but I doubt they are looking some financial gain intentions behind this, since they never allowed someone for mediation.
Asked 3 years ago
hence you should drag the case
2) no need to bow down to pressure tactics
3) contested divorce cases take over 5 years to be disposed of
4) dowry harassment cases over 10 years
My advise will be to fight the case and not settle at this point of time. These cases are just filed to create pressure and to extract money. Engage an advocate and fight the case. they will automatically settle the case in some time
@Anilesh, Thanks for the response, yes I am fighting in these false cases. I am fighting only with facts in this case. FIR No: 811/2022 Quash No:10082 of 2022 Could you help me with how to certify What'sapp messages and Email of my communication with her communication? Also is what will the possibility if I try to quash on chargesheet.
Asked 3 years ago
quashing is to be to be done only in exceptional circumstances
2) if there are specific allegations made against you in FIR and on investigations police find evidence against you HC would not quash FIR
Hi,
I am willing to help you out but you will have to share the documents in order to get this concrete to advise. You will have to submit the evidence with certificate under Section 65B(4) of the Evidence Act
The high courts generally don't entertain FIR quash petition.
Since it is a false case you may challenge this as well as the DV cases on merits and get them dismissed.
In divorce case you can continue the same and challenge it properly so that she may come down for mutual consent divorce also.
Since she's employed and drawing a handsome salary you can deny to pay her any money.
She's living in a foreign country hence she will be the one who may be looking for an urgent settlement, so you don't cooperate with her, let she do whatever she can, you can challenge all her moves properly and harass her to the extent possible in order to make her come down for negotiations and settlement.
The WhatsApp messages or email communications are not admissible as primary evidence in court of law.
The chances of charge sheet quash is also very less.
Hence you better be prepared to challenge her in the trial proceedings itself.
You can apply for the same online through passport seva website or Manual through applying the same at concerned police station
what is your location
@Kalaiselvan I have two queries 1) Does my wife need to come and contest in court for 498a,DVC and Divorce? or can she just give GPA to her mother on all cases and do timepass? 2) Also I am unable to view my FIR status online not sure why, Could you please help me with the status of the case - Dr.CSL, J Crl.P.No. 10082 of 2022 @Panwar I am from Hyderabad
Asked 3 years ago
Ok
Wife personal presence is necessary to give evidence
2) mere POA would not suffice
She can give gpa to mother but for criminal case you need to go for evidence
You can contact me through kaanoon or Linkedin will assist you. Adv Prashant Nayak
1 She has to be physically present before court to let in her side evidence as a complainant or prosecution witness.
2. You cannot view the FIR status online through ecourts website, you can try the police website to know the status
If your wife has filed for divorce and domestic violence, then the best approach for you is to contest these cases on merits. In the divorce case, you should submit your response to the petition filed by your wife, stating the grounds on which you contest the divorce. You should also hire a competent lawyer to represent you in court.
Regarding the domestic violence case, you should gather all evidence to refute the allegations made by your wife. If the allegations are false, then you should contest the case on merits and seek discharge. You should also submit your response to the petition filed by your wife, stating the grounds on which you contest the allegations.
As far as getting PCC (Police Clearance Certificate) is concerned, you can apply for it at the concerned police station or online through the official website of the police department. You will need to provide your personal details and other relevant information, along with the required documents.
In your case, you should also consult with your lawyer and take his/her advice on how to defend yourself in these cases. You should also try to gather evidence to support your case and establish your innocence.
