sameer 22 September 2023
Wife first husband has died. She is threatening that she may kill her second husband with the help of her friends if her demands are not agreed. Wife also file fake NC on husband, Wife friend has a huge rapo in Police station as per her verdict. In the fake NC husband has not called for. Can husnband file complaint in this situation against fake NC? The fact was not present at the time of filing NC. What is the process of filing complaint against fake NC and what is the procedure lateron.
T. Kalaiselvan, Advocate (Advocate) 23 September 2023
First of all the husband cannot decide whether it is fake or true NC, it can be decided only after investigation.
Besides NC is not a FIR.
If the matter is converted to FIR then the husband can obtain AB and then challenge the fake allegations properly in the trial proceedings.
If there is a persisting threat from the wife side, the husband can lodge a complaint against her on that aspect itself.
Dr. J C Vashista (Advocate ) 23 September 2023
The complaint is yet to be registered as FIR.
Even after registration of FIR, it is the Trial Court to decide whether the complaint is fake or the accused has committed an offence. However, if FIR is registered obtain anticipatory bail as advised by learned expert Mr. T Kalaiselvan ji, which I agree.
Wife or her lover are not above law, lodge complaint against them through a local lawyer.
Is it a real story ? If so, what is your locus standi / concern /dispute ?
Prima facie it is a moot court topic for discussion or a time pass question.
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