• Domestic violence case filed after I filed a divorce

How to deal with this Domestic violance case under Protection of women from domestic violance act section 18,19,20,22. Is there is way to file a counter case against my wife after its proven to be false?

Married about 1 1/2 year we both lived together only for 6 months no children.
Asked 5 months ago in Family Law
Religion: Hindu

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10 Answers

There is no legal infirmity even If she has filed the DV case after you having filed the divorce case against her.

First you  challenge her DV case and get it dismissed.

The DV case is quasi criminal and quasi civil hence in case of dismissal she will not be entitled for the reliefs sought, in that case there is no actual criminal case filed by her agaisnt you. So what counter case can you file against her?

If you are offended due to loss of your reputation and name in the society by this then you can plan to file a defamation case.

 

 

T Kalaiselvan
Advocate, Vellore
87671 Answers
2353 Consultations

Basically it is counter to divorce case filed by you 

 

you should contest case on merits 

 

if allegations are false wife would not get any reliefs 

Ajay Sethi
Advocate, Mumbai
97468 Answers
7880 Consultations

1. Once the DV case is dismissed , you can file case for damages out of malicious prosecution.

2. If your wife has no source of income then she is likely to get order for maintenance from you. 

Devajyoti Barman
Advocate, Kolkata
23325 Answers
522 Consultations

To avoid all this, convince your wife to agree for Mutual Consent Divorce, which saves time and money.   If the couple agrees for MCD, DV case and other cases can be made to be withdrawn against the husband by entering into MOU.

Shashidhar S. Sastry
Advocate, Bangalore
5451 Answers
330 Consultations

- You can file reply of the said complaint filed by your wife under DV Act before the same court. 

- Further, if she has given false affidavit before the Court  in this case, then you can file an application under section 340 CrPC for starting criminal cases against her. 

Mohammed Shahzad
Advocate, Delhi
14751 Answers
224 Consultations

Dear Client,

File a detailed reply to the allegations made in the complaint. Present your evidence and arguments to counter the claims. If the allegations are proven false, you can file a counter-case for defamation or other relevant charges. If you have evidence proving the falsehood of the claims, you can file a complaint with the police against your wife for making false allegations and misuse of the legal provisions. Gather all evidence proving the falsity of the allegations. Follow the legal process through the Family Court or the appropriate court where the domestic violence case is being heard. Ensure that you are also protected against any further misuse of the law by seeking protective measures if needed. Engage a lawyer who specializes in domestic violence cases to help you with this process.

Anik Miu
Advocate, Bangalore
10371 Answers
121 Consultations

It means summons have not yet been served upon Respondent 

 

2) if he refuses to accept summons it is proper service and you can apply for expert divorce if your spouse does not appear or engage a lawyer to appear on his behalf 

Ajay Sethi
Advocate, Mumbai
97468 Answers
7880 Consultations

- As per law, the service of the summon /notice to the opposite party is mandatory before passing any adverse order.

- If the notice was sent on the correct address , then you can submit an affidavit for the same as a confirmation that the notice has been sent on correct address but the opposite party/respondent is evading the same 

- When the Court will satisfied that the respondent is not taking the notice malafidely , then the Court may pass Ex-parte decree of divorce. 

Mohammed Shahzad
Advocate, Delhi
14751 Answers
224 Consultations

The notice has to be served on her, if she is not appearing before court even after receiving the summons then the court will set her exparte.

After that you may have to file exparte evidence to get an exparte judgement, it will not happen in the next hearing  also.

T Kalaiselvan
Advocate, Vellore
87671 Answers
2353 Consultations

 

Dear Client,

The status “Service Pending Notice” inform us that her summons for the contested divorce has not been delivered to your wife or she did not understand it. In order to proceed with an ex parte divorce, one must make sure that the service is proper. If the summons cannot be served at the given address then under section 5 Rule 20 of the code of Civil Procedure you can seek for substituted service by serving through an advertisement in Newspaper. Once published, your wife will be deemed to have been served with a copy of the petition if she does not turn up for the next hearing, the court can grant you an ex parte decree of divorce. However, be aware that such a decree can be challenged by your wife within 90 days and thus can complicate the process. While going through these processes, it is recommended to seek the help of a family law advocate, who will guide you throughout the legal procedures.

 

Hope you find this answer beneficial for resolving the dispute.

Anik Miu
Advocate, Bangalore
10371 Answers
121 Consultations

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