Complain again although taken back complain once
Law Querier
(Querist) 08 May 2013
This query is : Resolved
There is a divorce case applied by wife (in Canada) through POA holder(wife’s father) against husband u/s.13(1)(ia) (Harassment) in family court. Husband is contesting divorce case because he doesn’t want divorce. During the divorce case, Husband made fake facebook account of his wife without her permission. Wife’s father has applied complain in Cyber Crime Branch for fake facebook account of his daughter. Cyber crime branch has not made FIR against husband because wife’s father and police staff has put a condition to husband that if husband ready for mutual divorce then they will not make complain against husband for cyber crime and will take the complain back. Now, husband is ready for mutual contest divorce. Wife’s father gets husband’s permission of divorce on Stamp paper and also mentioned in stamp paper that he takes back the complain which he applied against husband for cyber crime. Now, the case is transferred in to section 13B of mutual contest divorce.
My question is, the cooling period of MCD is 6 months. If husband withdraws his consent of mutual divorce during cooling period.1. Can wife’s father applied complain again for cyber crime against husband though he had taken back the complain in past? 2. Can wife’s father file a case for breaking the agreement which made on stamp paper? 3.Can husband file a case for Criminal intimidation against wife’s father? What is good for husband in this case?
Raj Kumar Makkad
(Expert) 09 May 2013
Pressure tactics cannot be applied for the purpose of mutual divorce. If husband do not appear on second motion, the consent over stamp paper cannot be applied by father in law.
