Is this a legitimate reason to initiate criminal case
Prakash
(Querist) 25 September 2012
This query is : Resolved
Dear counsels,
Wife's father filed complaint and demanded divorce and money. Wife's evidence shows that she admitted both orally and in documents that only bcos husband refused to give consent for divorce the she filed another complaint and it was registered as FIR.
Is the reasons given for registering a case at the second instance sufficient.
Thanks in anticipation.
Devajyoti Barman
(Expert) 25 September 2012
If it is proved that cases were filed to exact revenge then their case would fall flat.
Rajeev Kumar
(Expert) 25 September 2012
Well your wife have already stated orally and in document that you have refused to give consent of divorce that's why the criminal case is made. It shows that ulterior motive to take revenge. Go for quashing the FIR will be quashed by HC under section 482 of cr.pc
Raj Kumar Makkad
(Expert) 26 September 2012
Rajeev has properly replied your query to which I endorse.