LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ishwarya Sriramalu   26 September 2024

Under what terms can a domestic violence case could be quashed

My brother was married 12 years ago.. currently he has two sons. His wife had illegal affair with multiple men. Due to this they got separated by 2023. The kids are currently living with my brother. Within a month after she left, we filed a divorce case. My sister in law never visited our house after that. She never even bothered to visit or talk to her kids.. now after a year she has filed a domestic violence case against my mother, father and my brother.. they have filed the case under section 17 19 20 21 and 22..  the entire accusation she has made against my brother is not true.. even claiming for child custody at this moment is purely in the intention of extorting money.. we are not really interested in letting the kids with her due to her behaviour. This will purely spoil the kids future.. to contest the case they are asking for evidence against her being in an affair with other men. As we were not really concerned about her behaviour and considering the well being of the kids we didn't really save any evidence against her .. please tell what can be done. 



Learning

 10 Replies

Real Soul.... (LEGAL)     26 September 2024

They are divorced or just living seperately. However if  the investigation of police revealed the lack of evidance in supoourt of complaint you can proceed with trail .If you want to quash the FIr then file a writ petition in high court and you must povide full evidance against the complaint. The child custody is differant matter.

T. Kalaiselvan, Advocate (Advocate)     26 September 2024

She can very well file a DV case even thoug it may be false case.

you have to challenge the same on merits and on the basis of documentary evidences in your support.

If you have to fight on the grounds of adultery you need to produce documentary evidences because it is a very sensitive subject, she may even file a defamation case additionally if you are not able to prove your allegations. 

1 Like

Dr. J C Vashista (Advocate )     27 September 2024

Generally false accusations are levelled against husband and in-laws, which require to be contested / proved by evidence(s) by complainant as advised by her counsel. 

Contest the case(s) through a local prudent lawyer.

 

Mitesh Pandya   29 September 2024

બાળક ને કોર્ટ માં લઇ જઇ જજ પાસે સાચું કારણ જણાવવા દો

 

Dr. J C Vashista (Advocate )     30 September 2024

Please translate your post in English as the expert(s) on this platform do not know the language used by you  (probably it is in Gujarati). 

1 Like

Ishwarya Sriramalu   30 September 2024

Sir I would like to meet you in person regarding this. How to contact you sir

Dr. J C Vashista (Advocate )     01 October 2024

I am located in Delhi.

Mitesh Pandya   01 October 2024

અફેર પુરાવા લાવવા પડશે અને સાબિત કરવું પડશે અને કોર્ટ માં જે તેની જુબાની અને તેની ક્રોસ થાય તેના ઉપર કેસ આધારિત છે અને મને રૂબરૂ મલો તો ટેનીનમહિતી કેસ પેપર જોઈને કહી સકુ

 

The Perfect Solutions (Advocate)     01 October 2024

Filing case against your brother under Domestic Violence Act is the easiest way of harass your brother. Proabably she may demand money also. The probabilities under domestic violence Act are 

1) Your brother and Sister-in-law might be sent to a protection officer for enquiry.

2) On receipt of the enquiry report, trial will be conducted or 

3) The court may conduct the trial without referring the matter to a protection officer.

Please engage a good trial lawyer practising in the criminal side and get acquittal for your brother.

Mitesh Pandya   01 October 2024

ડોમેસ્ટિકમાં જેઓ છે તે પુરવાર કરવા અને તે પુરવાર ન કરી શકે, તેથી તે સાબિત થશે નહીં


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register