Family members unecessarily implicated by complainant
Raman
(Querist) 02 August 2012
This query is : Resolved
Dear Sir,
My cousin was married 7 years ago and there was dispute between his wife who left matrimonial home 2 years ago Then her father has send legal notice in which he has allege the name of cousin only for harrassement . My cousin has filed the RCR then his wife has join matrimonial home . Subsequently she agin left the home and came only on 25/05/2012 and then she again left home and then she file the complaint in haryana Distt aginst him and other family members who were totally unawre about the situation but smell the fishy when one cop has arrived to their premises and gave hint( when they were not avilable).They file the A.B Application AND VACATE THE HOME AND CAME TO KNOW AFTER THEIR FILING POLICE VAN CAME TO THEIR PREMISES IN ORDER TO ARREST THEM
The court has granted all family members A.B . The family members shocked to learn that on seeing the FIR that thewomen has imposed the sections u/s 498-A/406/506/323
It very surpring tht the allege assault has taken place on 25/05/2012 and police has register the FIR only on july 2012..
Whether this doesn't amount to delay in filing FIR for sections 506/323( as previous matter was posted to women cell ) and she never allege of such kind of intimidation and assault?
He and his family members are totally incoccent who has been falsely been dragged bypolice merely on the basis of the complaint, whether police has to made investigation before registering u/s 506-323? here no such investigation has been made and they were not even awre how such things has happen?
whether restriction of girl into matrimonial home canbe stopped during pendency of matter beforepolice as they fear thatshe could impose more serious offences under outfit ofrage?
whether my cousin can move Application for divorce during pendency of matter register under criminal offences?
ajay sethi
(Expert) 02 August 2012
he can always file for divorce .
if it is proved false case is filed and you are discharged or case dismissed then on grounds of mental cruelty you can sue for divorce . filing of false case amounts to cruelty .
you cant restrain the girl from entering her matrimonal home . if you try to object she will file DV case and claim right to stay in shared household
Arvind Singh Chauhan
(Expert) 02 August 2012
Family members may approach to High court under Sec 482 to quash the FIR and if charge sheet has been submitted in court then to quash the cognizance against them.
For divorce husband is free as suggested by Sethi Sir,it may go against the husband during the trial of 498. He may file it easily after the trial of 498.
