Dv against nri
ghosia
(Querist) 20 June 2015
This query is : Resolved
Hi,My brothers wife filed a false DV case against my family including me.i am in Canada from May 2015 on conditional PR.and case filed against me in June 2015.what action can be taken against me? even after my brothers marriage i was staying with my in laws not with my parents.what i should do in this regard.My in laws didn't accept summons for DV against me.Kindly suggest.....
Devajyoti Barman
(Expert) 20 June 2015
If right from the beginning of his marriage you are staying in Canada , you can file case of quashing in the high court.
Otherwise you have to face trial.
Sudhir Kumar, Advocate
(Expert) 20 June 2015
that depends which type of facts are alleged against you.
if a conspiracy is alleged on your part then there is no need for prosecution to prove your presence in India.
Rajendra K Goyal
(Expert) 20 June 2015
Consult local lawyer and show him the case file. If quashing not allowed you have to face the trial.
Dr J C Vashista
(Expert) 20 June 2015
It hardly matters when did you move to Canada but the allegations have to be disproved to get you out of the case. However, in a case filed under the provisions of Protection of Women From Domestic Violence Act, 2007 you need not be present to attend the proceeding, you need not bother about the relief(s) claimed by your bhabhi, basically it is your brother to absorb heat of the allegations.
