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sonu Sharma (Manager)     10 July 2017

False dowry & criminal case filled

Hi Sir, My cheater wife filled false case at her parents place (UP) under section 498, 323, 504, DV 3 & 4. However she was living with me at rajasthan and all the false alligation which she has stated in FIR, was commited in Rajasthan. So my question is --- does she has right to file case (498, 323, 504, DV 3 & 4) @ her parents place(UP) instead filling case in Rajasthan where she was living with me. Please also suggest how to fight agaist such cheater wife and family. Thanks.


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 1 Replies

Raveena Kataria (Advocate )     10 July 2017

Concept of zero FIR wouls technically allow her to file a complaint within the jurisdiction of the place where she resides. At most, the F.I.R. will then be forwarded to Rajasthan (supposed place of occurence.) However, since none of the offences mentioned above are cognizable, there's a chance that the filing of complaint by her in UP would prove difficult.

Again, since, none of these allegations include commission of any cognizable offence, you will not be arrested without a warrant. At most you'll be served with a notice to come to the police station. Always make sure to comply with directions of such notice(s) you may be served with to avoid arrest.

You'd need witnesses/proof to build your case, however, the main burden is always on the prosecution to prove the accused's guilt beyond reasonable doubt.

You can apply for divorce on the basis of false allegations made by the wife, (which would be termed as 'cruelty'.) The decree for divorce would be granted once it's been established by the court that the allegations were false. Moreover, once (and if) you are acquitted of all charges, you can also file a suit against your wife for malicious prosecution and claim damages.

I'd, however, suggest you to get in touch with any local advocate for assistance in case you are dragged in any court proceedings.


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