How to legally deal with fake rape and DV case?

My brother and his wife are married in 2017 and currently living separately from 2 years and there are some discussions going on between the families to file mutual consent divorce. But the girl's family changes their decision very frequently. Few months back they tried to file a fake rape case on me. Police clearly knows they are filing as revenge and they settled that complaint without FIR. Now I'm afraid if by brother file mutual consent divorce then is there any chance they can file fake rape or 498a or DV cases on me and my family?

2 Answers
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Ayantika Mondal
Advocate Ayantika Mondal Answered: 29 Oct 2024

You will need to present evidence in court to prove your innocence and prove that the false accusation made against you never happened or did not happen in the way it is being presented.

Admin
Advocate By LEAD INDIA Answered: 12 Sep 2024

Sir, if you and your partner have mutually agreed for the divorce, there is no scope of filing a case against each other. However, it might be possible in some circumstances so we would advise you to consult a family matrimonial lawyer. For further legal assistance contact us on our helpline number.

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