Anonymous
Asked February 27, 2017

False Domestic Violence Case Against me

  • 4 Answers
  • 834 Views

Dear Sir, A case "Protection of Womens from domestic violence act 2005 [No. 43 of 2005]" has been filed against me by my wife. The allegation what she made is false. How I have to prove myself. Please advice

Answers 4

Unless detailed allegations and facts are send it is not possible to give perfect answer. However keep it in mind that the person who alleges has to prove is the basic principle of law

Agree Comment 0 Agrees almost 4 years ago

sir,

mere allegations are not sufficient to prove the case. it requires evidence to prove. and burden is on her to prove it .

rest you need to give detail instructions to your advocate to guide you properly.

 

 

 

Agree Comment 0 Agrees almost 4 years ago

You are firstly advised to get a copy of the FIR so registered on your wife’s complaint. The accused is entitled to get a copy of the First Information report as prescribed under Section 207 of the Cr.P.C.  You can submit an application through your representative/agent/lawyer for grant of a certified copy before the concerned police officer or to the Superintendent of Police on payment of such fee which is payable for obtaining such a copy from the court. On such application being made, the copy shall be supplied within twenty-four hours.  

Then , you are advised to go through the charges carefully. Please find out about what instances of violence and harassment she is so stating. Then, with the help of a lawyer , you are advised to collect witnesses and other possible material evidence/s that can help counter her charge

You can then file a case under these sections of the IPC against her-

  • As per Section 182  whoever gives to any public servant any information which  knowing it to be  to be false will be punished with imprisonment of six months, or with fine which may extend to one thousand rupees, or with both.
  • As Per Section 211 of Indian Penal Code 1860, Whoever, with intent to causing harm to any person, institutes falsely charges any person , especially knowing it be false , can be punished with imprisonment up to 7 years.
  • Since your wife has pressed false charges against you, these sections will help you in countering her.

    You can also claim fiscal damages  from your wife as compensation for all the distress you went through  and as per the Supreme Court of India in the case of Krishna Bhatacharjee  Versus Sarathi Choudhury , CRIMINAL APPEAL NO. 1545 OF 2015 (arising out of  SLP(Crl) No. 10223 OF 2014), you can also claim divorce from her for filing a false case.

    Agree Comment 0 Agrees over 3 years ago

    You are firstly advised to get a copy of the FIR so registered on your wife’s complaint. The accused is entitled to get a copy of the First Information report as prescribed under Section 207 of the Cr.P.C.  You can submit an application through your representative/agent/lawyer for grant of a certified copy before the concerned police officer or to the Superintendent of Police on payment of such fee which is payable for obtaining such a copy from the court. On such application being made, the copy shall be supplied within twenty-four hours.  

    Then , you are advised to go through the charges carefully. Please find out about what instances of violence and harassment she is so stating. Then, with the help of a lawyer , you are advised to collect witnesses and other possible material evidence/s that can help counter her charge

    You can then file a case under these sections of the IPC against her-

  • As per Section 182  whoever gives to any public servant any information which  knowing it to be  to be false will be punished with imprisonment of six months, or with fine which may extend to one thousand rupees, or with both.
  • As Per Section 211 of Indian Penal Code 1860, Whoever, with intent to causing harm to any person, institutes falsely charges any person , especially knowing it be false , can be punished with imprisonment up to 7 years.
  • Since your wife has pressed false charges against you, these sections will help you in countering her.

     

    You can also claim fiscal damages  from your wife as compensation for all the distress you went through  and as per the Supreme Court of India in the case of Krishna Bhatacharjee  Versus Sarathi Choudhury , CRIMINAL APPEAL NO. 1545 OF 2015 (arising out of  SLP(Crl) No. 10223 OF 2014), you can also claim divorce from her for filing a false case.

    Agree Comment 0 Agrees over 3 years ago

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