Dv case filed by wife

Your advocate can file an application to dismiss the DV on issues of law based upon incontrovertible facts - that is facts that are admitted, accepted or stated in the DV petition. If factual issues are going to be argued upon - that is she alleges something and you say that the allegations are false, then the trial must proceed and the application to dismiss will fail. Also, each defendant can have separate applications filed - for example if any of the defendant did not co-reside or share a domestic relationship with your wife, they can file an application to dismiss them as a party to the DV.  Basis for you to file a dismissal could be that you have been separated from her for one year or that the allegations date back to at least one year before the filing of the petition - or that there are other orders of other courts concluding that the allegations are false... Hope you get the point.

In any event, if there are no legal basis for you to dimiss the petition and if there is a domestic relationship admitted by her and indeed existing between your wife and other female defendants, such as your mother or sister, then they can file a DV petition against your wife making allegations... These must be separate DV petitions.  Also, file applications to summon as witnesses your wife's brother, sister, parents, in-laws, friends, cats, dogs everyone you can think of... Just go on the offensive.

If your wife has made false allegations, then ask your mother and sister to make false allegations and file DV petitions against your wife... Tit for tat... actually a big TIT for tat... meaning you really ask female members of your family to file strong DV petitions against your wife... 

When you in Court before the Judge... be very serious. When you are outside, smile before your wife with confidence... even smirk at her...  In DV cases, JO DARA WO MARA. 

Mr.Sameer, UR 2nd 3rd and 4th paragraphs are not of much use.For discussion sake they are ok.

Dear Author 95% of 498A and Dv cases are false,even the courts know it.Proceed further only after the trail starts.

@Devalla, I am responding so that readers who come across this thread can come to their own conclusions if the paragraphs are of "much use" or not.  My 3rd para... A DV petition can be filed by one woman against another woman so long as they are in a "domestic relationship" as that term is defined under the Act. Admittedly, there were some judgments earlier in some jurisdictions which may not support my conclusions but I believe that the law has evolved to allow a woman to file a DV case against another woman as long as she was in a domestic relationship with her. And yes, no matter who files the DV case, the plaintiff or the defendant can call any witness   to support his/her allegations or defenses - You are right on one point though, dogs and cats are not allowed as witnesses.  I was wrong there...  -:)

4th para: It is perfectly ethical to file a frivolous and false case against someone who has done that against you or your relatives...  Attack is the best defense. 

5th para: Show that you do not give a damn about the DV case... It drains the other side's confidence. Show that you are worried and they will attack even more viciously...

Finally, defendants should always explore filing applications to dismiss the case/complaint/petition in limine (at the very outset) based upon issues of law as applied to facts admitted. This should be ideally done before trial starts. Once trial starts, the case can drag on for years. Even during the trial, if a fact is admitted by the other party, it can be used to file an application to dismiss mid-way through the trial based upon the newly discovered or admitted fact.

I hope that readers think that this is indeed of "much use" and not just "for discussion sake."   FINAL RESPONSE.

In the DV case you have duly obtained exemption for other members from appearing before the court at the same time, your lawyer should file his counter to DV petition without delaying or waiting form them start enquiry.  The enquiry (trial) will not start until yous side file the counter for her complaint. If you have any doubt on your lawyer, change him/her immediately and look for a better person. Thanks for the information but what is the purpose that you have posted this here?  What is the query sir?