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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. 



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 3 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. 

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.

 


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