• False DV case filed against me

False 498/a police station ( but police didnt register comolain yet) and 125 maintenance case have been filed at the family court already. The court asked us to settle it amicably under counselling but my wifes family is actually trying to extort money from me and did drama at counselling. I didnt agree to their demands. 

Wife is living separate since 11 months as of now. 

Now she filed false DV case against me at the fast track court. 

What should i do to save myself ? She has filed a false DV case. She has to prove the allegations. 
Can I appoint a lawyer to attend this case hearing date on behalf of me ?? Can i send my written reply to this false DV case through my lawyer ?? 

Please also advise steps about how can i save myself from these false allegations.
Asked 4 months ago in Family Law from Bally, West Bengal
Religion: Hindu
1)you have to engage a local lawyer and file detailed reply denying the allegations amde in DV complaint 

2) you need not attend court on each date 

3) wife has to prove allegations made in complaint 

4) DV cases take 5 years to be disposed of
Ajay Sethi
Advocate, Mumbai
23302 Answers
1220 Consultations
5.0 on 5.0
Can u forward me the details of the case...
Generally these cases take much time and can cause of sorrow for ur good part of life.
Shivam Sood
Advocate, Ludhiana
80 Answers
0 Consultations
3.0 on 5.0
Yes she has to prove allegations. You must appoint an advocate and to appear before the court concerned along with your defense. you have to file your counter/ version in DV Case and as well as any maintenance claimed. you have to appoint a lawyer and defend the case and disprove her false case.     
Lakshmi Kanth
Advocate, Hyderabad
224 Answers
2 Consultations
4.8 on 5.0
Hello,
1) As you rightly understood, the wife has to prove her allegations in the petition to get you convicted. You can certainly engage an advocate to represent you in the court who can file a written reply on your behalf. Your personal attendance can be dispensed with to some extent.

2) In order to get an acquittal in the allegations made by your wife, you need to produce evidence before the court to prove that the allegations are false. Your evidence can be documentary or oral evidence by witnesses who are privy to the incidents alleged.

3) To advise as to what are the exact defences one should see the petition filed by the wife. There is no need to worry as the police has refused to lodge an FIR and the 125 petition is pending alrready. Contest the petition on merits with the help of the lawyer locally.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
yes first you need to hire one advocate and reply the matter. how long you both stayed together plz explain.
and yes if she is living separated from you from past 11months after finishing 12 months you both can get Divorce,
first appoint a good lawyer for you.
Regards
Sapna Seth
Sapna Seth
Advocate, Chandigarh
18 Answers
0 Consultations
4.0 on 5.0
You should contest the DV case on merits to save yourself. The onus to prove commission of domestic violence is on her. Unless you are exempted by the court from personal appearance you have to appear along with your lawyer. 
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
What should i do to save myself ? She has filed a false DV case. She has to prove the allegations. 
Opinion: you have to fight the case on merit with the help of lawyer if you are unable to fight yourself.

Can I appoint a lawyer to attend this case hearing date on behalf of me ?? Can i send my written reply to this false DV case through my lawyer ??

Opinion: appoint a lawyer immediately and lawyer should be dealing with family matters and file your strong reply against her complaint before the court and fight on merit with the help of high court and supreme court judgment.

Feel Free to call 
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Submit the written reply, countering the allegations
Rajendran Rajagopalan
Advocate, Chennai
4 Answers
0 Consultations
Not rated
1)your parents can make application for exemption from personal appearance in trial court 

2) contest case on merits 

3) if your parents are acquitted they can fine suit fur damages against your wife 

4) your lawyer can appear on your behalf and file detailed reply on your behalf 

5) your personal appearance is not required on each date on DV case 

6) wife can move HC  for transfer of case to her city if  you file case in your city if they  are in same  state 

7) transfer application is not maintainable in family court 

8) you will have to pay maintenance to your wife if she is not working 
Ajay Sethi
Advocate, Mumbai
23302 Answers
1220 Consultations
5.0 on 5.0
First things first...
I dont know capacity of ur lawyer. But as if u have engaged me as ur lawyer i would have get ur mother father exemption from the court and tried to atract that there is not at all jurisdiction of the court.
Shivam Sood
Advocate, Ludhiana
80 Answers
0 Consultations
3.0 on 5.0
Well if ur lawyer well able to state that t iz drama u dont have to pay alimony intead u can charge them and can also get damages
Shivam Sood
Advocate, Ludhiana
80 Answers
0 Consultations
3.0 on 5.0
Yes most of the dowry cases filing on false basis and almost all the family members are roping into case with formal allegation and these facts are observed b our Hon'ble Supreme Court in a recent judgment.you can avail attendance dispense of our old age parents by filing a criminal petition before the Honorable High Court. there will n much effect of filing any case before women police station by your mother. you have attend before the Court as and when required in DV case. however your advocate can file dispense petition under section 317 of CrPC in your absence, but, not for every adjournment. you and your counsel (advocate) both have to sign on written reply (counter). A divorce case shall be filed only before family court or district court only and not before the High Court. Any body can file transfer petition to transfer a case from one court to another court within same state.   
Lakshmi Kanth
Advocate, Hyderabad
224 Answers
2 Consultations
4.8 on 5.0
Dear Querist
My opinion on your queries are as under:

can my mother now file a case in Mahila police Station in my residing city against my father in law and she for filing false cases?? As my mother is a senior citizen and a women. 
How much will it affect them or teach them a lesson?
Opinion: your mother may file a domestic violence case against your wife and claim protection and compensation as per section 18/22 of protection of women from domestic violence act 2005. But can not file case against her father until his act is illegal and be an offence.

Also my advocate says that though it is return in the DV notice that i or my advocate (any one of us) can attend the court, only I have to attend to collect papers from court to reply my statement. Cant i sent a written reply to the court through my lawyer?
Opinion: your lawyer may appear before the court on behalf of you and collect the complaint copy from the court and on next date of hearing your lawyer may file your reply before the court on her complaint, it may also be possible, if you want, file an appeal against the summoning order of the court before session court under section 29 of d.v. act and get stay of proceedings order, the dv case 


 Cant my lawyer attend on my behalf and collect the court notice papers on my authorisation letter? 
Yes he or she can.

Also my lawyer says that if I file a divorce in my city high court, then my wife can file petition in her city family court (as there are no high court in her city) and get the case transferred to her city and again I have to travel to her city to attend the hearings. 
It may be possible.

Can anyone reply on the above and advise me the best way to adopt so as to minimise my troubles?
I think you get your answer, 
Call me if you want to discuss the matter in detail
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
What should i do to save myself ? She has filed a false DV case. She has to prove the allegations. 
Can I appoint a lawyer to attend this case hearing date on behalf of me ?? Can i send my written reply to this false DV case through my lawyer ?? 
Please also advise steps about how can i save myself from these false allegations.

This is another case she has filed against you with an intention to trouble you, torture you and put pressure on you to extort money from you.
It is always better to engage a lawyer and challenge the false allegations in this DV case accordingly.
Your lawyer will submit the written statement/counter to her DV petition, you may give him proper instructions for that. There is nothing to be worried about it, once you attend the case you will come to know how to tackle it.
T Kalaiselvan
Advocate, Vellore
14076 Answers
127 Consultations
5.0 on 5.0
So can my mother now file a case in Mahila police Station in my residing city against my father in law and she for filing false cases?? As my mother is a senior citizen and a women. 
How much will it affect them or teach them a lesson?

Your mother cannot file any case agaisnt your father in law until the cases filed by him are proved false.
After acquittal in the case by the court your mother can file a case against the police or him for malicious prosecution. 
By the way what was the case filed by yr father in law agaisnt your mother and you?







Cant i sent a written reply to the court through my lawyer? Cant my lawyer attend on my behalf and collect the court notice papers on my authorisation letter? 

You have to attend the court in person on the date of hearing and collect the copies of the petition and the charge sheet in person in the first hearing.  Your advocate cannot supplement you for hearing the charges made against you.





Also my lawyer says that if I file a divorce in my city high court, then my wife can file petition in her city family court (as there are no high court in her city) and get the case transferred to her city and again I have to travel to her city to attend the hearings. 

Firstly you cannot file divorce case in the high court.If you file a divorce case in your city, she my file a transfer petition to transfer the case to her place, there are provisions in law for that. 







Can anyone reply on the above and advise me the best way to adopt so as to minimise my troubles?
Also I dont want to pay any alimony or maintenance to my wife who is just doing drama to extort money from me. I am ready to fight this case for 2/3 years or long also as I know I am honest.

You can challenge all her cass properly in the trial court to come out clean.
T Kalaiselvan
Advocate, Vellore
14076 Answers
127 Consultations
5.0 on 5.0
already replied
Rajendran Rajagopalan
Advocate, Chennai
4 Answers
0 Consultations
Not rated

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