False fir by wife

Section 323 relates to domestic violence..and 341 wrongful restraint...

If you only needed to know about the sections you can find easily on the internet...this forum is for getting specific legal advise...

@ Author,


1. If complainant is wife and said complaint was based on the reported incident of assault by the respondent and his family members then it does fall under Domestic Violence. 

2. Also DV Act has provision of including sections of IPC at the time of finality. If she files and or has filed separately DV Complaint case and mentions in related paras reported incident of assault by the respondent and his family members then at the time of disposal of DV Complaint ld. Magistrate has power to include S.341 IPC based on complainant proving case made out under S. 323 IPC.

3. It cannot be denied that it is the legitimate right of the wife or of the husband to resort to various legal remedies as available to them under various statutes to seek rederessal of their grievances and to take necessary action against the culpability of other spouse and/or his/her family members. Mere resort to institution of criminal proceedings or filing an FIR by either of the spouse thus cannot be taken to be an act of FIR being FALSE on the part of such a spouse.

4. Filing of such criminal proceedings either can result in the discharge/acquittal or in conviction of one or the other members of the family of the spouse or the spouse himself/herself. 

5. In above backdrop it would be difficult to accept the proposition that filing of criminal cases by the wife or even the criminal cases resulting into acquittal (later) by itself would constitute it to be FALSE on the part of such spouse.

6. Since complete facts or kalandara or live complaint under S. 323 IPC are within your special knowledge why don't you discuss them locally with an advocate and take opinion not only on how to defend yourself - family members marked in it (if any) and repercussions if any in future DV complaint ? 

Observation:
In this forum the moment metro wife files a FIR or a complaint case or a civil case forum member (mostly husbands) say it is FALSE ?My limited question is; has any Court pronounced it to be false case, so how come without even facing trial - acquittal - discharge husband's of the forum claim complaint case to be FALSE and also read with what is full content of FIR and what are your defense - denial to announce in the beginning in the forum it is FALSE ?. Hire advocate, muster up evidences, visit court and contest a FIR or a complaint case or a civil case and then get a verdict from Court clearly stating it is FALSE CASE, then use adjective 'FALSE' is my observation.

[Last reply]

@ experts above.

The authro has not described full facts.  We do no know to what extent the advise given to him will fit into his case. 

Unfortunate he is already suffering having hired an advocate who has fanciful ideas of "disownment" etc. So let him disclose facts and then seek sound advise.

The forum must be thankful to you for having expressed gratitude in one of your threads.

But at the same time it is seen that

(i)                  You have multiple threads on the same issue.

(ii)                In any of the facts you have not conveyed full facts of the case

You are thereby :-

(1)    You are disclosing that you have no faith in the wisdom of the experts and repeatedly blogging same words.

(2)    Seems you rate experts as students of different section and set identical question paper for them.

(3)    Depriving the experts of the honour of giving correct and comprehensive advise.

(4)    Based on half faces you may get half baked advise which may not suit you and may even be counter productive and then you blame the experts.

You have following threads on the issue :-

(1)    https://www.lawyersclubindia.com/forum/details.asp?mod_id=111168&offset=1

(2)    https://www.lawyersclubindia.com/forum/details.asp?mod_id=111299&offset=1#.VFGcBGeO5G0

(3)    https://www.lawyersclubindia.com/forum/details.asp?mod_id=111298&offset=1#.VFGbpWeO5G0

(4)    https://www.lawyersclubindia.com/forum/details.asp?mod_id=111483&offset=1

(5)    https://www.lawyersclubindia.com/forum/Filing-case-restraining-from-entry-house-vs-disownment-111409.asp#.VFGbVmeO5G0