What are future prospects of FR in loot case by wife

 

DO NOT DIVORCE.

 

HAVE YOU SEEN A CAT PLAY WITH THE MOUSE, AT LEISURE ?

 

IT WOULD PLAY WITH IT BEFORE KILLING IT.

 

DO NOT FILE NOW.

 

LET HER UNDERGO THE TENSION FOR SOME TIME.

 

DEFAMATION IS NOT A JOKE.

 

FALSE COMPLAINT IS A CRIME.

 

SEND HER TO JAIL.

 

Firstly, in any such criminal defamation case, get the criminal conspiracy into picture. ( IPC 120A ).

 

Tell your wife that you will go soft on her, if she reveals in writing, the people who instigated her to file false complaint against you.

 

Once she does that, file a case against all of them and include your wife too.

 

REMEMBER.... DO NOT SHOW ANY MERCY.

 

Life-Long, you work hard to build yourself into a certain personality.

 

From Some-where, a stranger / group of strangers use your wife and all of them pull you down.

 

So your efforts and your family's efforts of all these years, GONE IN ONE SHOT !!!!!!!!!

 

WHAT NONSENSE !!!

 

DO THEY KNOW HOW DIFFICULT IT IS TO BUILD ONE'S IMAGE AGAIN, IN LIFE ?

 

YES, THEY KNOW.

 

THEY HAVE HIT YOU, KNOWING FULLY WELL THE IMPACT.

 

VISUALIZE IN YOUR MIND, A SCENARIO WHERE TWENTY PEOPLE STAB YOU FROM BEHIND AND YOUR WIFE IS ONE AMONG THEM.

 

WILL YOU CALL HER A WIFE ?

 

NO.

 

SHE IS A PLAIN CRIMINAL.

 

LOOK AT HER AS A CRIMINAL.

 

IF YOU LOOK AT HER AS YOUR WIFE, gone.

You will lose again, in LIFE.

 

People who indulge in DEFAMATION of OTHERS, need to undergo punishment.

 

DO NOT COMPROMISE.

 

BE A MAN. 

 

WHEN A MAN STRIKES, HE HAS TO STRIKE.

 

STRIKE WITHOUT MERCY.

 

IT HAS BECOME COMMON TO SEE MEN CRY AND BECOME SOFT WHEN WOMEN CRY.

 

NOTHING DOING. NO COMPROMISE.

 

HIT BACK.

Divorce was filed firstly by me in year 2012 October. Order of 6 months was allowed by Hon'ble Allahabad High court, but she stayed proceedings in divorce case on the basis of this loot case to transfer case to her hometown. I just want to know about the critical points mentioned hereabove in my article.

 (1) how much time it will take to get the case finished in court. What are the options left for petetioner wife in court ,

 

TIME FRAME CANNOT BE ISSUED WITH CERTAINTY IN COURTS.

In criminal matters, usually we say it might not go beyond 2 or 3 years, but I have seen cases where appeal has pulled on and the Original Complaint itself took quite some time, since summons, police version, leading the C.E. ( Cross Examination ) of the witness,...etc pulled on.

In civil matters, it has become a standard practise for advocates to say it might get over in one year or even thirteen to twenty years ( few cases are going on for twenty years ).

 

Options for her are that she can plead NOT GUILTY.

 

Then the witnesses, the prosecution evidence, reports, police version,...etc on your side have to be strong enough to make it a water-tight case.

 

Or else, she plainly gets acquitted.

 

Yes, you can appeal even if she is punished for a term with/without penalty and if you want more to be given out as punishment, but whether that would sustain itself and on what basis, is a matter to be seen in the court.

 

You need to have a serious word with the Public Prosecutor.

 

But before that, meet a good criminal lawyer to find out ways to SEAL HER EXIT.

 

                     (2) If wife prefers to go for complaint case will it be the same case in which the FR by police was put or this complaint case be the different case from this case in which FR by police is put.

 

You cannot club two FIRs.

 

But the charges within one FIR can be more than one charge.

 

If police has filed an FIR pertaining to one case, your wife has to fight that out.

 

If she intends to file a COUNTER-CASE, that will be a different FIR ( if the police inspector agrees to filing of an FIR ) and you will then have to fight it out.

 

                     (3) Will this FR by police be sufficient enough to take Divorce on grounds of cruelty as mentioned in the judgement of Supreme court in case of K Srinivas vs K Sunita in which it is mentioned by the Apex court that "the Respondent-Wife had filed a false criminal complaint, and even one such complaint is sufficient to constitute matrimonial cruelty" (judgement dated. 19-november-2014).

 

Yes, It is strong ground for divorce, but not until a criminal court delivers it's verdict. In that if she is acquitted, then your citing that as the reason for seeking divorce, might not be a strong reason, but is definitely a reason that you can give, whether the court accepts it or not.

 

You must strongly argue the point of defamation and mental agony and stress caused to you.

Dear Natrajan ji,

                         Thanks for your valuable comments, but I surprised that until unless court will summon me how can I produce witnesses, the prosecution evidence, reports, police version, etc. because police has proven me innocent by putting FR, now in the court it is only petetioner who will remain present in front of the court but not me. When petetioner will argue in written that police has taken bribe to write this FR, the court can re-investigate the case.

                         Secondly, if petetioner can argue that a complaint case should be filed by continuing this case in court. 

                         Thirdly, if suppose I decided to fight this case with speedy trial order from high court of 6 months disposal then whether in that situation also we have to wait for 2-3 yrs.

Thanks & looking for your valuable comments

I have answered your questions in detail. You have not understood it. Are you so confident that high court will issue orders for speedy trial in your case ? It is done on a case to case basis. About the witnesses etc obviously it is at the court and that is done by the police and public prosecutor since as a complainant in a criminal matter you are represented by the state. Read my answers again and if you still need clarity please consult an advocate

------- when you know concepts of speedy trial etc why then are you asking us about time - frame ??? Are you testing our knowledge levels ? hmmm... strange ---------

Thanks for your suggestions but I request you to pl don't take it otherwise because a person who has been harasses from continuous 7 years, he wants to take calculated risks for success in court as the girl side is always strong in court even after doing all the wrongfull acts. Court proceedings are very complex and that is the reason for my above queries. Thanks again.

You have been properly advised by Mr. Natarajan. You can follow the suggestions made thereto.