• Domestic violence

My wife filed 498a...I applied for discharge it is pending in lower court...now she filed dv case with same allegations but no evidence as it is false..I have evidence tht allegations are false ..shall I submit evidence with my dv reply denying statement or show it later????my wife is working ,earning more thn me...I have got exparte rcr case in my favour...in dv case she stated her salary is spent in cases..but in real she getting it deposited in bank as fd..I have proof of it..shall I use crpc 91 to ask judge to submit her fd statemnts ???shall this application be given before interim maintainence or after??as she coming to court with unclean hands...any other solution of this...any judgment in this support plz provide
Asked 10 months ago in Family Law from Amritsar, Punjab
Religion: Sikh
Hi, you can contest the DV case filling written objection to the petition filed under DV Act.

2. As she is working you can file an application before the court for summon her salary statements normally court will allow the application so that you can prove that she is capable of maintaining herself.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) you have to deny allegations made in DV complaint . Enclose documentary evidence in your possession 

2) you can make application directing wife to submit her FD statements 

3) application can be made before interim maintenance issue is decided 

4) well settled law that person not coming to court with clean hands is not entitled to any reliefs 
Ajay Sethi
Advocate, Mumbai
23380 Answers
1227 Consultations
5.0 on 5.0
1. Take the defence which can corroborated by documentary evidence later so the foundation is laid.
2. During trial you can seek production of documents. During interim maintenance hearing you have to produce the documents in support of your case, if any.
3. Make a very comprehensive reply with supporting proof.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
File your reply with all the documents, you may file an application under section 106 of Indian evidenced act and demand her details as income, itr, bank statement and qualification.

Puneet kaur vs inderjeet singh sawheny and kusum sharma vs mahinder kumar sharma both the judgment are favorable regarding to prove income of parties.
Feel free to call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Dear Sir, you have to file Interloculatory Application to summoned the concerned bank to submit those statements/documents, you have every right to establish her income she capable to do living and maintained herself without your maintenance/permanent alimony. You done first, you will succeed it definitely.
C. V. Jadhav
Advocate, Bangalore
262 Answers
3 Consultations
3.8 on 5.0
You must have produced some evidence in support of your discharge petition in 498A. In DV case also you are free to produce evidence along with your reply. It can also be submitted subsequently depending on the nature of allegations and the evidence in your possession. Let your lawyer take a call on this. You are also free to move the HC to quash the DV case. Under 91 CrPC the court cannot direct her to produce her FD statements. 
Ashish Davessar
Advocate, Jaipur
18246 Answers
450 Consultations
5.0 on 5.0
no evidence as it is false..I have evidence tht allegations are false ..shall I submit evidence with my dv reply denying statement or show it later
If you have documentary evidences to prove your averments countering her allegations, you can very well attach the same now in this reply itself.


..I have proof of it..shall I use crpc 91 to ask judge to submit her fd statemnts ?
You should bring out the details during cross examination, if she denies it then you may file a petition beore court to summon the documents you desire to obtain to prove your case.


shall this application be given before interim maintainence or after
It can be given during the hearing for interim maintenance itself.


T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0
1) you can in your reply rebut the false allegations made and take the stand that salary used for  investing in  FD 

2) you can file perjury application if false statement made on oath 

3) merely because your wife is undergoing treatment for mental tension is no ground for denying her child custody 
Ajay Sethi
Advocate, Mumbai
23380 Answers
1227 Consultations
5.0 on 5.0
The statement what she has given about taking treatment for her mental ailment can be a very strong ground for you to plead for your child custody highlighting the mental and physical hazard for the child if it is given permanent custody to her.  You have noted and brought to light a vital issue favorable to you. This information with proper documentary evidence if utilised properly may solve half your problems.
Her salary and FD issue cannot help you file perjury case because they do not constitute any ingredient for perjury.
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0
For the false statements made by her she is liable to be prosecuted for perjury. The parents who claims child custody has to prove that he/she is better positioned than the other parent to provide the welfare of child. 
Ashish Davessar
Advocate, Jaipur
18246 Answers
450 Consultations
5.0 on 5.0

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