Personal presence is not necessary in DV case
2) you can engage lawyer and file detailed reply denying allegations made in DV case
3) your mother can file for discharge on grounds there is no sharedhousejold marriage
Domestic violence case against myself and my mother
Dear Sir/Madam, I met a girl in the year 2021 and fell in love with her.At the persuation of her family, my mother decided to do the registration marriage of us and will do the social marriage after 4/6 months.But after 1 month of my registration marriage I got to know that she has an affair with my batch mate and also I got to know that her family and her are not good in nature.Our Social marriage was supposed to be happened in the month of April 2022 but in the first week of April 2022 she told me that she doesn't want to do social marriage citing unnecessary reasons.So I requested her to come to my house and start living as husband and wife but she has denied the proposal.Also it is to be noted that from our registry marriage till today we didnt lived in the same house.So I filed a case in the family court for the nullity of our registration marriage but after receiving the notice her mood suddenly changed and now she wants to live with me but I felt something not right and hence I decliyher request.Now in the month of February 2023 she applied a domestic violence case (Noted:She didn't apply for IPC 498A) against me and my mother.Now what should I do? Can me and my mother apply for a discharge petition agains the domestic violence case?Please help me out in this regard as my mother is sick and I don't want to drag her to the court at this age of her
Asked 2 years ago in Family Law
Religion: Hindu
8 Answers
Your marriage is legal. Without marriage, a marriage cannot be registered. Since your wife has not lived with you hence no case of domestic violence is made out. You should file for annulment of marriage, subject to merit of DV case should file petition for quashing of case. Go strategically.
You can seek quash of DV complaint against you from High Court but discharge is not allowed in DV cases. You can fight the case on merit in the court and if you have good proof her case will be dismissed.
You can challenge the DV case on merits itself instead of applying for discharge from the case.
The discharge petition may not be entertained hence it would be better that you participate in the trial proceedings and get the case dismissed because you have strong grounds for defending your interests.
If any case is filed for DV you can contest it on merits. Police can’t arrest in DV cases so you can appoint lawyer and contest the same
She never lived with you. No case of DV made out. File application in court to dismiss the case this ground.
To file DV case, victim must have lived together in a shared household
- As per Hindu Marriage Act, non consummations of marriage is a ground for divorce.
- Further, if she has concealed the true facts from her husband at the time of marriage , then the marriage can be declared as null and void.
- Since, you have already file the case for declaring the marriage as null and void, then you can take same ground in the reply of her compliant under the DV Act.
- Further, as per provision of DV Act, if she has not passed her marriage life with her husband and his family members , then this case is also not maintainable.
- Since, she refused to live with you in her matrimonial home , it means that her allegation of domestic violence by you and your mother is false .
- Your mother can move an application before the same court for deletion of her name on the above mentioned grounds.
Dear Client,
Your marriage holds legal standing. A marriage requires formal registration to be recognized. As your wife has not cohabited with you, there is no basis for alleging domestic violence. It is advisable to initiate the process of annulling the marriage. In the event that the DV case has valid grounds, considering its merit, a petition can be filed to seek the dismissal of the case.
