Situation:
Adulturous wife files rape charges on husband. Police arrives with Rape SWAT team. Interviews husband and wife. Police tells Husband that if there is any evidence found or suspected, husband goes to jail for 25 years.
Police complestes investigation inside the house while husband is made to stand outside the house in the cold night for over 4 hours. Police complets on the spot investigation and finds no evidence of rape.
Question:
Can husband file any charges/ lawsuit on wife ?
adv. rajeev ( rajoo ) (practicing advocate) 14 April 2011
NO. Only on the basis of the false complaint husband cannot file any suit. No chargesheet is filed and case is not at all conducted. If case was conducted and husband was acquitted and if there is a court observation in the judgement that false case is filed by the wife only with an intention to defame the husband then husand can file a defamation suit claiming compensation.
prashant pundhir (Criminal Lawyer) 14 April 2011
It all depends that either police filed the chargesheet or final report . If final report ,then either it got accepted from the court or not . In the case of final report,accepted by the court , you can file the complaint against your wife u/s211IPC . As she filed the complaint of 376IPC,in which the conviction may be life imprisonment , so it is not triial by any magistrare but by session . Along with this,you can also file the suit for defamation in crirminal as well as the civil court .
Uma parameswaran (lawyer) 14 April 2011
After acquittal from Court husband can file suit for damage. If convicted wife can ask compensation .
Rishikesh Rewatkar (Legal Executive) 20 May 2013
As i am new entry in this field I would like to know main section which we have to daily used in conducting the civil cases of Civil Procedure Code for practicing in the civil matter .
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