False grounds for dv

She can do whatever she wants, but that thing is very difficult to prove in court now, as it is a old incident.

 

But she can file DV case on you.  Try and make friends with wife at least now.  All will be fine. 

If she shows it domestic physical violence with documentary proof, then you have to collect evidence by eye witnesses to prove that it is an accidendent and not related to the domestic violence.

Dear Prabhakar ,

Thanks for your advice.

Whether medical bills will prove as documentary proof in this case ?

 

 

"In 2013 she separated with me. and in 2015 she filed a DV against me." Herein lies the solution to getting your DV case dismissed. However, you must tread carefully:

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Read her petition carefully. Has she, stated or implied the date of separation in her petition? If not, do you have incontrovertible evidence of separation as of a given date? If the anwer to both the questions is NO then wait until her cross-examination and tactfully get her to admit the date of separation.

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As soon as you get the date of separation confirmed by her, either in petition, evidence or cross-, file an application to dismiss the DV on grounds that it has been filed after 1 year of separation. In support, use the Supreme Court judgment in Inderjit Singh Grewal vs. State of Punjab and anthr Cri. Appeal No. 1635/2011 or Bombay High Court judgment in Sejal Dharmesh Ved vs. State of Maharashtra Cri. Appeal No. 160/2011.  These judgments state that DV has to be filed within one year of domestic violence. After separation, there is no domestic relationship and hence any violence, even if there is any, can come under other IPC sections but not under DV. 

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I am NOT an advocate and judgments help a lot but are not a panacea to legal problems. You need to argue properly after studying the judgments and their precise teachings. Also, There may be new Supreme Court judgments which may have changed these observations. 

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When you file an application to dismiss based upon the above, keep it very simple. Do NOT discuss the actual allegations. Just stick to the points above. Advocates tend to muddy applications with unneeded defenses and attacks. Your application is based NOT on whether the allegations are right or wrong but that the limitation period has expired as the allegations, if old, should have been filed within one year and if new do not fall under DV. Simple... 

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SIMPLICITY IS THE ULTIMATE SOPHISTICATION

If court had admitted her dv petition even after 2 years of your seperation and the trail had started then first read her petition carefully what sort of allegations she had imposed on you and on that basis get collected evidences for your innocence .

When she was treated in a pvt hospital for her injury in 2012,What reasons were mentiioned for that injury in the hospital records?

My DV case was dismissed midway in the trial after I filed an application to dismiss or questioning its maintainability since it was filed more than 1 year after the last alleged incident and after more than 1 year of separation.  The Magistrate held a hearing and after confirming that the petition itself admitted more than 1 year of separation before the date of filing, promptly dismissed the DV case based upon this ground itself. She appealed and the appeal was also dismissed.

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All along my advocate was running the show... slowly... without any creative approach... making me pay every third or fourth hearing on some pretext or the other. It was only after I started reading on the applicable law did I understand the possible defenses. I terminated my advocate, filed the application to dismiss myself, got the DV case dismissed and was done with the DV case. On appeal...I followed the same strategy and filed the same application but this time as a response to the appeal. The dismissal application for this case will be at most 3 pages long plus exhibits of the judgments: 

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Title page: The usual page... name of Court, parties, application title, etc.  Provide an Index as you are going to attach the judgments as Exhibits. Slap a 10 rupee Court fee stamp

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Content page: A few sentences establishing the elapse of the 1 year period and simply denying that you committed the alleged acts of DV. Do not go into explaining your denial. 

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Verification page:  The usual paragraph. Copy paste it from sample applications online. Get is attested from advocates who specialize in just this. Should cost about Rs. 100 to Rs. 250.

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Exhibits: Attach the two judgments cited by me and possibly more that came afterwards...

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CONCLUSION: It is never too late to file a motion to dismiss the DV case. Absolutely no downside. The worst that can happen is that it is rejected. If you are convinced that the time of 1 year has indeed elapsed, go for an appeal. All this takes a LOT less time then going through the trial itself in a DV case. "Simplicity is the ultimate sophistication." This is not my quote but it certainly applies for Court filings.

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Disclaimer: As should be clear, I am not an advocate.

 

not maintainable as 1 year is limitation period