Yes that's probably possible.
False Domestic violence dowry case
I am NRI live abroad. I visit my parents every year. Should I visit my parents this year or not as , My brother has dispute with his wife she filed false domestic violence and dowry case after 1 year of separation against my brother and parents. Can she make any false allegations against me. Without evidence.
Asked 6 days ago in Family Law
Religion: Hindu
10 Answers
She can make dames allegations but can’t prove the same in court. If she files any non bailable offence then you have to take anticipatory bail first before coming to India
You are not accused in dowry case
you are at liberty to come to India and meet your parents
The raising of false allegations does not depend on truthful events. Even if you do not visit India this year , then also she can raise allegations against you.
Since case is already filed the chances of raising of false allegations against you are bleak.
- As of now you are not included in the complaint.
- There is no risk for you as it is difficult to add your name subsequently.
- Even if manages to include your name, you are entitled to bail as in such bails are granted as a rule.
If you are not implicated in the ongoing criminal complaint then you need not worry about it.
The police cannot implead you as an accused in the existing case.
Hence you can visit India freely without any fear about it and return.
Evidence can be oral also so she can make allegations but she shall be required to prove her allegations also. Mere levelling of allegations are not sufficient unless the same stand proved also. Accused persons have opportunity to cross examine the complainant to disprove her allegations. Courts too are lenient also in such cases. 90% such cases are generally false. You can visit India but avoid any meeting or contact with the erring lady.
- If she has lodged an FIR under section 498A , and made you party in the case , then you will have to take anticipatory bail from the session Court, otherwise you may face problem at airport.
- However, she has filed only DV case and even you are a party in the case then there is no provision to issue warrant like a criminal case.
- Further, if you are not a party in the FIR then no need of worry,
Anyone can make false allegations, but proving them in court is the difficult part.
You don’t need to stress about it as you will not be required to attend court hearings. The case can be dealt by your lawyer who can also file for quashing of this case In High Court on grounds of no evidence.
Better verify with your brother whether she has included you as a party. If so, you need to check the current stage of the case and plan your journey accordingly.
G.Rajaganapathy
Advocate
High Court of Madras
