Dismissal of dv possible?

Difficult task as she would state her false allegations and some how she escaped from your clutches and landed at her mother splace else you would have strangled her to death  . But inspite of all this her prayer in the Dv case would be 18 protection order and right to residence or rent in lieu to the same as though she is no more afriad of the false allegations stated by her . you have not stated the false allegations stated by her all would depend on those details .

First there should have been an act of domestic violence as defined under the PWDVA.  And there should be sufficient proof, beyond reasonable doubt regarding the said act of violence.

Without proof, just allegations cannot prove that domestic violence has happnd.

For every allegation made in the DV complaint and the ensuing affidavit by the petitioner, there should be documentary evidence.

For eg:  If petiotioner is telling husband used to beat me black and blue, there should be a Medical Report issued by government doctor or CMO as documentery evidence or there should be a video which shows that the husband used to beat the wife.  

And it is matter of time that the DV case gets dismissed.

Even if your wife goes and sits at her mom's house and then complains that she has been thrown out of the house and is homeless, the husband here should be able to provide rent to such a woman, or should tell the judge that he is ready to take her back, as wife has gone by her own choice she would not like to come back, then automatically it is proven that she left husband's house by her own will as she on the one hand cannot ask for accomodation and tell at the same time tthat she does not want to go back to the husband.

What is the contents of the petition it is to known first, otherwise it is not proper to advise on the reasons whatever you have given, because it is doemstiv violence

Well

seperate case of 498a and 406 were filed initialy. after several talks she had agreed for settlement for one handsome amount and accordingly she accepted before IO that no dowry was called and FIR was lodged in haste. and i have got back all my steedhan. This she has given in writing to police before 2 witness. Accordingly police has given clean chit (FR - final report) to all my family members including me.

After one day she changed her mood and filed Protest petition against FR.Probably she would say that i had given in writing under pressure. Simateneously filed for maintenance releief Rs 20K per month by filing DV case.It is worth to mention that she is Life insurence agent since last 6 years and i have TDS certificates of her commssion income. (However, only Rs 4000 per annum)

Since last one year, cognigence is not taken in 498a and only dates after dates.., on the other hand, in DV case i am supposed to file reply next week.

1) Can she change her statements before magistrate and wht are the chances of taking cognigence in 498a ?

2) My one doughter is with her, how should i reply DV case ?

Thanx

Originally posted by : vishak
	Well seperate case of 498a and 406 were filed initialy. after several talks she had agreed for settlement for one handsome amount and accordingly she accepted before IO that no dowry was called and FIR was lodged in haste. and i have got back all my steedhan. This she has given in writing to police before 2 witness. Accordingly police has given clean chit (FR - final report) to all my family members including me. After one day she changed her mood and filed Protest petition against FR.Probably she would say that i had given in writing under pressure. Simateneously filed for maintenance releief Rs 20K per month by filing DV case.It is worth to mention that she is Life insurence agent since last 6 years and i have TDS certificates of her commssion income. (However, only Rs 4000 per annum) Since last one year, cognigence is not taken in 498a and only dates after dates.., on the other hand, in DV case i am supposed to file reply next week. 1) Can she change her statements before magistrate and wht are the chances of taking cognigence in 498a ? 2) My one doughter is with her, how should i reply DV case ? Thanx

You should count on your lawyer now.

She cannot make counter claims every now and then after FR is given where you've come out clean.

Regarding DV, dont worry,  Act of DV should have happnd, only then relief can be granted.

And you should mention about her LIC agent status and her income, and also your income  for the judge to arrive at a figure as relief to be granted.  Or else whatever she has claimed will be ordered.

Daughter with her, want to claim, file G&W case, claim custody rights and of course you should reply to DV case or else warrant issue , later on NBW and you inside sit, cool heels.