What steps can I take to defend a false DV case?

My wife and I have been living separately since June 2020 due to cruelty. I filed for divorce under Section 13(1)(i), (i-a) in Mumbai Court. She filed a case against me in August 2022 under Sections 9 and 24 of the HMA. The court granted her interim maintenance, and I have been regularly paying it. In July 2023, she filed a DV case (Sections 12 & 23) in her hometown after more than three years, accusing me and my parents. She has made false allegations, and my parents were not living with me, yet she blamed them. She intentionally suppressed the Section 9 case she filed against me in Mumbai. For the past four years, my parents and I have been under depression due to these court cases. I am the sole earning member of my family, working in a private company. Please provide guidance on how to defend this case.

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Advocate By LEAD INDIA Answered: 05 Apr 2025

In your case, since you have already filed a divorce petition and she has filed a domestic violence (DV) case, the court will look at both petitions. It is crucial to gather all evidence, including your parents' non-involvement, and present it in court. A lawyer can help you challenge the DV petition based on false allegations. For further legal assistance contact us on our helpline number.
 

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