What is good?

Querist : Anonymous (Querist) 21 September 2011 This query is : Resolved
Dear and respected experts,

wife filled false Dv case . all charges are baseless and documents submitted are fake.

I have sufficient evidences to clear all allegations. deseertion is increasing and unnecessary mental stress also

Today I lost my job also as she complain in the office and submitted copy of her case in the court. I tried to convince but lady boss said no. how your wife can torture natural behaviour. ok.

I had made inquiry for quashing in high court but cost is much high non affordable to low salary middle class person.

may I know is there is any scope to file for quashing DV case along with my charges on her. high court is costly by Adv. charges, is trial court have provided any facility for such quashing.

or It is good to face her trial for months and years. facing her case is not tedious but going to job is essential.

plz tell me what is good?

and plz tell how can I come from such foolish case.

thanks in advance

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ajay sethi (Expert) 21 September 2011
1)if your wife has filed false DV case before magistrate you will be given chance to furnish your side of story . after hearing both parties court will pass order on her application for maintenace , right to stay in shared household etc .

2)fight the case on merits before the trail court .
3)you have not mentioned what are the allegations made by her in complaint.as such we are unable to state whether it is a foolish case or not
4) engage a local lawyer

Devajyoti Barman (Expert) 21 September 2011
Lower court has no provision for quashing.
The falsity of the allegations is not a ground for quashing.
In any case quashing is rarely allowed specially when it does not suffer from any inherent error in law.
You better face trial and prove your innocence.

Koumarish Bhattacharya (Expert) 21 September 2011
The lower Court has no jurisdiction to quash proceeding. It would be better for you to fight for your cause and your case. Who can say that you will have to face trial for days and months? The Court may have adverse opinion if you can sufficiently prove that the job you were employed in is no more and your wife played a role in it.

PARTHA P BORBORA (Expert) 22 September 2011
I support the view of Expert : Devajyoti Barman.

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