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Hitesh Jain (Tax Practice)     27 November 2023

Wife complaint falsely in police station sec 498a ipc

Respected Advocates,

I have completed Post Graduation in Law in 2019, currently in Taxation practice.

I was married in Nov 2022 and on 01.01.2023 I came to know that my wife was having an affair with some other person who is having 3 children. She sent me some photos of both of them from her mail.

She filed Sec 125 CrPC against me and also made a false complaint in Police Station (Dowry,  which is under Counceling presently.

My questions are : -

1. How can I proceed that will favor me in future ?

2. When to apply for Quashing in High Court ?

3. When can I file suit of Defamation u/s 499 & 500 IPC, Compensation and Civil suit for damages :

(a) After quashing of FIR at initial stage, or

(b) After getting name out from FIR, or

(c) After quashing of charge sheet, or

(c) After winning 498a case in lower court itself.

Your guidance will be highly appreciated.

Plz provide your contact number also.

Thanks in Advance

Hitesh Jain



Learning

 7 Replies

SAM (LEGAL)     27 November 2023

Whether have you received section 41a notice from police station? if not then dont be in hurry to go for anticipatory bail 

wait for counselling session to get over? is she ready to come and stay with you?

in counselling session say that you are ready to stay with her in rented house? dont stay with your parents with her

why she send you photos through email? keep this as evidence for later purpose in court

 

1. How can I proceed that will favor me in future ?

Keep all her proof of extramaratial affaris with you. ask her whether she is ready for mutual consent divorce without any consideration amount. Whether have you received section 41a notice from police station? if not then dont be in hurry to go for anticipatory bail 

dont give her divorce also

 

2. When to apply for Quashing in High Court ?

Not now. HC will not entertain your quashing petition until and unless both are ready for compromise

3. When can I file suit of Defamation u/s 499 & 500 IPC, Compensation and Civil suit for damages : (a) After quashing of FIR at initial stage, or (b) After getting name out from FIR, or (c) After quashing of charge sheet, or (c) After winning 498a case in lower court itself.

After winning 498a case in lower court itself.

1 Like

Hitesh Jain (Tax Practice)     27 November 2023

she is not ready for mutual consent divorce, she is demanding money

Sanskriti Tiwari   27 November 2023

It's crucial to consult with a qualified lawyer who specializes in family and criminal law in your jurisdiction for accurate advice.

1. Defending Against Section 125 CrPC and False Complaint: Gather evidence to refute the allegations made against you. Maintain records, communication evidence, and any relevant documents that can support your case. Engage a competent lawyer to present your defense effectively in court.

2. Applying for Quashing in High Court: Quashing can be sought after the FIR has been filed but before the charge sheet is submitted. It's essential to present a strong case highlighting the grounds for quashing to the High Court. Your attorney can guide you on the appropriate timing based on case specifics.

3. Filing Defamation Suit and Civil Suit for Damages: The timing for filing these suits can vary. It might be strategic to wait until after the quashing of the FIR or after your name is removed from it to avoid potential complications. Alternatively, you could consider waiting until the conclusion of the lower court proceedings to file the defamation suit and civil suit for damages for a stronger case.

Each step should be planned in consultation with your lawyer, considering the specifics of your situation, the legal processes in your jurisdiction, and the progress of ongoing cases. Prioritize gathering evidence, maintaining composure during legal proceedings, and focusing on building a strong defense with the guidance of legal counsel.

1 Like

Hitesh Jain (Tax Practice)     27 November 2023

Are u sure I can file Defamation & damages suit after quashing of FIR and removal of name! 

SAM (LEGAL)     27 November 2023

Dont give her single penny. if she ask you for moeny then tell her to stay with you and inform the court/police that you are ready to keep her back. she is the one who is not ready to stay with you.

Dont give her divorce too. Before police/court be firm and tell that you are ready to take her back. Let she inform court/police that she dosent want to stay with you. fight the case on merit basis

check your private message. i have send you my whatsapp number. 

P. Venu (Advocate)     29 November 2023

The facts posted do not support the issues you have raised,

Admittedly, the wife has only filed a petition under Section 125 CrPC; any relief is yet to be granted.

And she has filed a complaint with the Police; the complaint is, allegedly, false. Let the Police investigate.

Why you are in a hurry to jump so many (imaginary) guns?

1 Like

Sudhir Kumar, Advocate (Advocate)     02 December 2023

wait

wait

wait

Thereis a police ocmplaint.  You will be free from this issue if

  1. POlice decided not tp proceed.
  2. Police files a chargesheet and you are acquitted on merits (not on procedural/technical grounds)

 

TILL THE TIME YOU ARE CLEAR YOU HAVE TO BELIEV ETHAT WORKD DEFAMATION DOES NOT EXIST IN YOUR DICTIONARY..

 

1 Like

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