Dv - what to do
sunil sunil
(Querist) 17 July 2012
This query is : Resolved
My wife has filed a DV case that is an exact copy-paste of my 498a after more than a year of separation. She has named my parents also who never stayed with her except on one short trip abroad to the UK.
I have strong evidence of her allegations being false and her committing perjury. 498a is still at FIR stage.
I am considering the following options:
1. File for dismissal of the DV case against my parents. There are some allegations that they demanded dowry over phone from India to the UK.
2. File for perjury since DV is under affidavit. Will perjury under DV force resolution of 498a faster since the text is identical?
3. File for dismissal for all of us since it is more than a year of separation
Please advise. She has only asked for basic restraining orders and not filed for maintenance or residence rights in this case.
Devajyoti Barman
(Expert) 17 July 2012
Among the three options only the option of perjury ha merit.
Go for it.
Other options are subject of evidence and hence too prematured for the court to entertain your prayer.
Raj Kumar Makkad
(Expert) 17 July 2012
You can definitely agitate at this stage against the prejury matter wheteas all other options are futile.
ajay sethi
(Expert) 17 July 2012
your application for dismissal of complaint filed under DV would be rejected . merely because it is filed one year after separation does not mena DV does not lie / the courts are generally reluctant to quash DV complaints . better face trial . if you have evidence of flase staements made on oath thentry for perjury
