• DV case and quash procedure

Hi sir , my wife file the Dv case ( sec12 ) on me and my total family , our divorce case already in family court. Me and my brother in abroad ,we cannot present the court every times. This is fake DV ,I have enough proof but problem we both are in abroad. Their target is crush my family and get money. My question here 1. I want run this case without presence of me and my brother, there is any way in court like use attroney power to run this case 2. I want quash this fake Dv from high court . Can you explain how to approach this case and save my family and my money.
Asked 2 years ago in Family Law
Religion: Hindu

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9 Answers

your personal presence is not necessary in DV case 

 

2) engage a lawyer to appear on your behalf 

 

3) file detailed reply denying allegations made 

 

4) quashing si to be done only in exceptional circumstances 

Ajay Sethi
Advocate, Mumbai
99871 Answers
8149 Consultations

issue legal notice to with draw false and defamatory statements made 

 

2) if wife refuses file defamation case 

Ajay Sethi
Advocate, Mumbai
99871 Answers
8149 Consultations

Quashing of DV case is generally not entertained by high courts.

It would be better that you ask your advocate to file a petition under section 205 cr.p.c.. to dispense with your presence owing to your employment at abroad.

You can file the counter objections to her false allegations denying them properly and let you advocate handle the case until the court passes an order for your appearance. 

T Kalaiselvan
Advocate, Vellore
90073 Answers
2501 Consultations

If they are being insulted in public then your brother can issue a legal notice warning them about their  such illegal activities agaisnt them and instruct her to refrain from indulging in such activities in future or to face legal consequences. 

If they still continue to do so then you can decide about taking proper legal action.

T Kalaiselvan
Advocate, Vellore
90073 Answers
2501 Consultations

Yes you can make it only after quashing or dismissal of dv complaint 

Prashant Nayak
Advocate, Mumbai
34587 Answers
249 Consultations

1. It is criminsl case so all named accused are required to be present in vourt on each date of hearing, however, accused can seek permanent exemption from personal appearances and can put appearances through advocate. 

2. DV case is fake or not is a matter of evidence and trial. However  you have liberty to approach high court for quashing of FIR under section 482 cr.p.c. if no case is made out on the basis of contents of FIR. 

3. No case of defamation is made out till accused are not acquitted in FIR. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

- As per law , if you will not appear before the court on the date of hearing , then the court may pass ex-parte order against you both ,

- Further, as you both are abroad , then you can engage a lawyer on your behalf , and instruct him to move an application under section 205 CRPC for getting permanent exemption from appearing before the court . 

- Further, if you having accurate evidences against the  petition filed by your wife , then you can approach the High court for the dismissal of the complaint . 

- Since, there is case pending against you both  , then you cannot file a defamation case her only on the ground of insulting your brothers wife. 

- However, your brothers wife can file a complaint under the same provision of DV Act against the harassment of your wife . 

- Further, if your brothers wife is not a party in the DV case filed by your wife, then she can firstly lodge a complaint before the police and then can file a criminal defamation case against her, 

Mohammed Shahzad
Advocate, Delhi
15830 Answers
242 Consultations

No power of attorney if case if filed against you.  No need to appear in person, can be duly represented by an Advocate. 

DV will not quash in HC.

Filling false case, also a ground to file defemination case. 

Yogendra Singh Rajawat
Advocate, Jaipur
23084 Answers
31 Consultations

Dear Client,

Challenging the dismissal of a Domestic Violence (DV) case is generally not favored by higher courts.

It is advisable to instruct your attorney to submit a petition under section 205 of the Criminal Procedure Code (Cr.P.C.) to excuse your presence due to your overseas employment.

You should respond to her unfounded accusations by submitting well-founded counterarguments through your legal representative. Allow your attorney to manage the proceedings until the court issues a directive for your appearance. In the event of public defamation, your brother can send a formal legal notice cautioning against their unlawful behavior and advising her to desist from such actions in the future or face legal repercussions.

If these actions persist, you can consider initiating appropriate legal measures.

Anik Miu
Advocate, Bangalore
11023 Answers
125 Consultations

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