swati 20 July 2016

false dv and 498a

I want to ask one question that if wife claims false 498a and dv on husband without any proof, and also alleged that other members tortured her mentally then are they all whose names are in the summon are required to go for the hearing?? Is it necessary? And if they all didnt went then do they got arrested?kindly guide.

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6 Replies

swati 20 July 2016

We have enough proofs in form of video recordings and audio too of random discussion of the wife with her in laws in a very familiar way and also saying that in the whole family nobody tortured me ever or never demanded anything..only my husband and me are having non compatibilty. She dont know about these videos so she is confident that she will loot us... kindly guide the situation....that do all are required to go?

saravanan s (legal advisor) 20 July 2016

If summoned you got to appear before the court.moreover arrest is not possible in a dv case

Laxmi Kant Joshi (Advocate ) 20 July 2016

If case is registered in the court then summoning will done to all of the named accused , all of them have to be before the court otherwise warrant may be issued against them , if you had the audio video recording with you , you can use it as an evidence , generally in dv case no arrest is carried out .

A walk alone (-) 20 July 2016

Generally in dv no arrestment. If summoned you got then you should appear in court. If husband family has these recording then they can try to quash dv and 498a. They can use these recording as evidence in DV and498a