12 of dv act

First of all tell your friend if possible try an amicable solution with her and reconcile the issues and save your married life, making unnecessary litigations is not wiseable and nor advisable, he will spoil a lot of years in litigations, anyhow he have to be present before the court mandatory on his dv hearings, hire an intelligent lawyer and prove himself innocent, when you will won the case you can file sec 182ipc /211ipc against her and after completion of one year marriage you can file divorce on the ground of cruelty as she had field false dv case upon you .

The reply must be filed to the DV case filed your friends wife . Personal appearance is necessary as per law. However the same can be exempted in case proper show cause is shown to the court . Also the proper counter at this stage is to file a strong divorce petition and also make sure that maintenance is not awarded

@ Author . 

It seems your wife is not earning hence she would be awarded maintenance . your friends wife seems to be the dominating type . When her ego was not fullfilled she consulted liar ( lawyer ) uncle to file for Domestic violence case .what is her prayer and what all she has asked for in her petition . u/s eg 18,19,20 

you have to catch hold of a good lawyer and contest the case and seek exemption of you and your family members from personel appearence in the court which would be granted .

 

 

 

Dear learned members..

Thank you for your replies and time spent to my queries. I will post the entire history, pls advise suitably to proceed further

Dear Querist

Your friend should file an Appeal/revision petition before session court against the summoning order of the magistrate court under Domestic Violence Act-2005 and fight the same on merit.

 

There is no other criminal case can be filed against the wife.

If there is any dowry harassment then she may file a 498A case against your friend and his family before police or court.

 

Feel Free to Call

Dear members

My friend and his family appear before the Court. Hon'ble Justice forwarded the case to Lok Adhalat to an amicable solution. Both My friend (only my friend not his family) and his wife (alongwith her sister, sister;s husband, mother) appeared before Lok Adhalat. She alleged a lot on him and his family like., he is not attending the phone, his brother is in govt. service, his family threatened her and a lot more. Also her sister try to interfere and alledged on him during the consultation. Understanding the fact from my friendside Judges asked to live together amicably or take the chance for divorce. Finally, she got no other go and agreed to live together with my friend where he lived now separately in his work place. Then she demanded one week time to go to live and refused to come from there. Then An order passed like that and petition closed before the Hon'ble Justices of Lok Adhalat.

Now the doubt was

1. Whether they are in need to attend the first hering of the case (DV case). Because the petition already closed.

2. My friend already file a case under conjugal rights. Can he close the case with the order passed on the Lok Adhalat at his wife's hometown.

3. If she is not interested indeed to live together heartedly and try to postponed the day to live together, like that ("I will come with my parents (she lived with her parents in her sister's house)/will come an auspicious day/ not well") what will do ?

4. Her petition was now closed, is there any chances to file again and added his family again as respondants. It is learnt that Cases closed in Lok Adhalat will not entitled to appeal.

Pls reply your valuable suggestions.

Thank you dear learned Members and friends..