How to defend a false dv case?
rock
(Querist) 07 December 2014
This query is : Resolved
Asking again without being anonymous.
A false domestic violence case has been filed against me by a girl as the marriage itself has not been done. I have not received the notice of same case.
1. shall i wait for ex party judgement in lower court and then ask for stay in high court? In this case what kind of stay will high court pass if i put up my fact that the marriage itself has not been done?
2. Shall I engage my lawyer in lower court itself and challenge marriage?
As the girl has filed case in her hometown which is far from my city, which of the two options would be better and how?
3. How can I challenge the order passed in lower court through exparty? Pls guidr me with the complete procedure as I want to fight this case in high court.
Advocate M.Bhadra
(Expert) 07 December 2014
You should appear in lower court through a lawyer.You can file a quashing petition in High Court.You should also file a Declaration Suit on marriage in District or Family Court.
rock
(Querist) 07 December 2014
Thanks fir reply.
A. Can I file quashing petition in high court before the judgement in lower court?
B. What is declaration suit on marriage? is it marriage void and nullity?
Devajyoti Barman
(Expert) 08 December 2014
1. Definitely not. Appear in the case and fight it on merit.
2. Why marriage will be challenged? Has you not married him? The girl can file such case from the place where has been currently staying.
3.You can file appeal but do not take that risk. Appear through a lawyer and contest this case.
Devajyoti Barman
(Expert) 08 December 2014
For your 2nd query-
1. Appeal lies in sessions court in DV cases. No quashing lies.
2. gIVE DETAILS AS TO WHY THERE IS NEED FOR DECLARATION OF MARRIAGE.
You can file nullity of marriage but not on declaration.
Rajendra K Goyal
(Expert) 08 December 2014
Agree with the expert Devajyoti Barman.
rock
(Querist) 08 December 2014
@devajyoti ji.. she is falsely representing our
ajay sethi
(Expert) 08 December 2014
you have to file detailed reply to DV case. deny that any marriage has taken place . if any exparte order is passed go in appeal
rock
(Querist) 08 December 2014
@devajyoti ji. She is falsely representing our marriage based on local tradition. Marriage has never been done between us in any way.
1. Is there any provision of stay or quashing or appeal in high court for dv case going on in lower court? Is yes, when and how it is done and can it be done before or after the judgement in lower court?
2. As the place of case is more than 24hrs from my place and I had to take 3 days leave for one hearing. Keeping this in mind and the frequent dates given by lower court, I want this case to be carried out in high court (as it is near from the lower court). How and when can I move this dv case to high court?
3. If for some reason, exparty judgement is passed in lower court, then what shall I do?
rock
(Querist) 08 December 2014
Thanks ajay ji for your reply..
If I go for appeal in high court against exparty judgement stating that the marriage itself has not been done and false case has been filed,
1. then what possible decisions can high court take? Like where the case will be heard, lower or high ciurt?
2. What about the judgement of lower court? Whether it will be reviewed and changed?
Devajyoti Barman
(Expert) 08 December 2014
You have to prove marriage in trial court only. Appeal court would not decide on validity of marriage.
rock
(Querist) 09 December 2014
As I will be going to challenge the marriage stating that it is never done showing my facts, now whether is it going to be me who had to prove that marriage is not done or that girl had to prove that marriage is done?
V R SHROFF
(Expert) 09 December 2014
EVEN UNMARRIED can FILE DV AGAINST YOU.
It is Domestic Relationship, and not marital / marriage relationship that is needed for DV.
Married or not is immaterial.
& JMFC Court have no right to declare u r married to her or not....It is a civil matter to decide the marriage.
Even Live-in Relationship is enough for DV Case.
Marriage cannot be proved in trial court. .
ONLY CIVIL COURT CAN DO IT.
rock
(Querist) 09 December 2014
Thnku you shroff ji for your reply.
Then how should I respond to dv case? I have done no marriage and no live in relation too..I just used to visit her home everyday as our relation was fixed and we were going to marry. She had filed the case in civil court and also stated in that we are living together after marriage (which we are not). Where and when shall I challenge the marriage?
malipeddi jaggarao
(Expert) 09 December 2014
You are hiding the facts. You have not detailed as to how she is claiming that the marriage has taken place? Apart from the above, expert Mr.Shroff aptly advised you that there is no need to prove marriage. You are showing one side of the coin only. Show the other side, then only you will get proper advice.
rock
(Querist) 09 December 2014
She is proving marriage on merely the photos of both us with garland only. (Which she took in a function, there is nobody else in those photos). Actually only the talks were going on rrgarding marriage and roka was done, but the wedding plan was cancelled 1 month prior to its date because of few conditions put up by the girl that she want me to leave my parents and live with her after marriage (as she is not having any brother to take care of her family).
malipeddi jaggarao
(Expert) 09 December 2014
Then appear in the present case and fight out on merits instead of waiting for outcome and then go for appeal.
rock
(Querist) 09 December 2014
Just need to know one last thing. As my lawyer is suggesting that instead of appearing right now and facing trials, lets wait and see her all facts which she will put up in exparty hearing and then based on that we will apply for appeal and will enter the case.
Is it ok? And again m asking that what I have to do in case of exparty judgement? Will tha order again be revised in my appeal? And will the hearings again start in my presence? And when shall I challenge that marriage itself is not done if dv case does not only restricts to husband wife?( In dv case she has mentiined that marriage has been done).
Guest
(Expert) 10 December 2014
Well Advised by Experts
Anirudh
(Expert) 10 December 2014
This fellow cannot even be a last person one can consult for any advice.
This fellow is good for nothing. Many a times he gives advices which are not supported by law.
TAKE THIS FELLOWS FALSITY IN HIS PROFILE. THIS FELLOW ATTACHES MORE IMPORTANCE TO THE PROFILE, WHILE HE IS FILLING UP TOTAL FALSE HOOD IN HIS PROFILE.
please visit the following link:
http://www.lawyersclubindia.com/lawyers_search/N-J-S-Rajkumar-alias-narasimha-254519.asp#.VIcRwmeHPFx
where he claims that he is practising from 2001, while as already indicated by me, he was enrolled only in the year 2012!!! CAN ANYBODY PRACTICE BEFORE ENROLMENT? IF ONE DOES SUCH A PRACTICE IS HE NOT FIT TO BE CALLED A "FRAUD"?
N.J.S.Rajkumar alias narasimha's Details
Listed Under
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Practicing Since
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Address
54,PARASURAMA EASWARAN KOIL WEST MADA STREET,AYANAVARAM,CHENNAI 600023
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rajkumar_wins@rediffmail.com 9444036927
Therefore, before taking advice, the querist should be too careful
P. Venu
(Expert) 10 December 2014
The advice given by your advocate is less than professional.
T. Kalaiselvan, Advocate
(Expert) 11 December 2014
You have been advised by experts to challenge her case in the trial court when you are given an opportunity to do it and come out of the crisis successfully, instead you keep hanging around your predetermined decision and want the experts to justify your decision. If you feel that your advocate is knowing the things better, you may go by his decision, but please note that your advocate is actually misguiding you with false promises, law is not as easy as he misguides you.
