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
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.
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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
Shall i make defamation case against them . They continously insulting my brother wife so she is fear to apply defamation because she studying government exam. please advice my brother and his wife can put defamation case.
issue legal notice to with draw false and defamatory statements made
2) if wife refuses file defamation case
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.
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.
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.
- 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,
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.
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.