498a and DV against entire family after filing divorce
3 years ago
My brother got married in 2015 and my sister in law has not lived in the parental house after 2017 (a total of 7 days). She is a well qualified professional earning handsome salary and they don't have a child yet. (My sister in law refuse to plan a family). Also, sfhe wanted my brother to leave the parents and stay with her parents (both of her parents are working).
As soon as she received notice for divorce, she filed a 498a and DV against all the members of my family including the husband (my brother), parents, me, my sister, my wife and my grandparents.
I got married in 2018 nd my wife neve ha any contact with my sister in law (not even telephonic, it will be also important to say that my wife is a foreign citizen)
The mutual divorce path was sought but the sister in law family refused.
Kindly advise.
Ankur Goel @ Complete Law Shield
Responded 3 years ago
A.you have grounds for quashing.
else you all take anticipatory bail and then let her prove allegations.
DV case have limitation of 1 year so it is not maintainable.
Hope this clarifies,
Advocate Ankur Goel (Complete Law Shield)
#YourLifeYourChoice
else you all take anticipatory bail and then let her prove allegations.
DV case have limitation of 1 year so it is not maintainable.
Hope this clarifies,
Advocate Ankur Goel (Complete Law Shield)
#YourLifeYourChoice
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A.hi,
If a false complaint is registered against you and your family, you have two options –
either to defend your case and wait for the judgement or
to file a counter case against her and prove her wrong.
Defensive:
You can defend yourself and your family from being sent to jail because of the false complaint. You have following options to defend your family and yourself-
Collect as many pieces of evidence as possible:
Record all conversations (voice, chat, email, letters, etc.) with those threatening and keep the originals in a safe place. It is advised not to produce the original evidence before anyone.
Collect evidence to prove that you have neither demanded dowry nor have taken it anytime.
Collect evidence to prove that she moved out of the bond of marriage for no valid reason.
This evidence will be fruitful in the time of getting anticipatory bail or notice bail from the court.
To make your case stronger and to expect an earlier settlement, you can file counter cases against her.
Below is a list of counter cases you can file to strong your case.
But for this purpose, you will need an advocate to represent you, though it should be in your knowledge as what remedies you have or what counter cases you can file against her.
Sec 120B Indian Penal Code, 1860 – Punishment of Criminal Conspiracy –
Sec 167 Indian Penal Code, 1860 – Public servant framing an incorrect document with intent to cause injury –
Sec 182 Indian Penal Code, 1860 – False information, with intent to cause public servant to use his lawful power to the injury of another person –
Section 191 Indian Penal Code, 1860 – Giving false evidence –
Section 197 Indian Penal Code, 1860 – Issuing or signing a false certificate –
Section 471 in The Indian Penal Code – Using as genuine a forged [document or electronic record]. –
Section 497 in The Indian Penal Code – Adultery –
Section 500 Indian Penal Code, 1860 – defamation –
Section 504 The Indian Penal Code, 1860 – Intentional insult with intent to provoke breach of the peace –
Section 506 Indian Penal Code, 1860 – Punishment for Criminal Intimidation –
Section 227 of The Code of Criminal Procedure, 1973 – If you believe that the complaint registered by the wife is false you can file an application under sec 227 stating that the 498A case filled by the wife is false. If you have enough proofs, or if she does not have enough proof to substantiate the charges, chances are that the judge just dismisses the 498A case as it is a framed one.
Section 9 of Code of Civil Procedure, 1908 – Damage recovery case –
If a false complaint is registered against you and your family, you have two options –
either to defend your case and wait for the judgement or
to file a counter case against her and prove her wrong.
Defensive:
You can defend yourself and your family from being sent to jail because of the false complaint. You have following options to defend your family and yourself-
Collect as many pieces of evidence as possible:
Record all conversations (voice, chat, email, letters, etc.) with those threatening and keep the originals in a safe place. It is advised not to produce the original evidence before anyone.
Collect evidence to prove that you have neither demanded dowry nor have taken it anytime.
Collect evidence to prove that she moved out of the bond of marriage for no valid reason.
This evidence will be fruitful in the time of getting anticipatory bail or notice bail from the court.
To make your case stronger and to expect an earlier settlement, you can file counter cases against her.
Below is a list of counter cases you can file to strong your case.
But for this purpose, you will need an advocate to represent you, though it should be in your knowledge as what remedies you have or what counter cases you can file against her.
Sec 120B Indian Penal Code, 1860 – Punishment of Criminal Conspiracy –
Sec 167 Indian Penal Code, 1860 – Public servant framing an incorrect document with intent to cause injury –
Sec 182 Indian Penal Code, 1860 – False information, with intent to cause public servant to use his lawful power to the injury of another person –
Section 191 Indian Penal Code, 1860 – Giving false evidence –
Section 197 Indian Penal Code, 1860 – Issuing or signing a false certificate –
Section 471 in The Indian Penal Code – Using as genuine a forged [document or electronic record]. –
Section 497 in The Indian Penal Code – Adultery –
Section 500 Indian Penal Code, 1860 – defamation –
Section 504 The Indian Penal Code, 1860 – Intentional insult with intent to provoke breach of the peace –
Section 506 Indian Penal Code, 1860 – Punishment for Criminal Intimidation –
Section 227 of The Code of Criminal Procedure, 1973 – If you believe that the complaint registered by the wife is false you can file an application under sec 227 stating that the 498A case filled by the wife is false. If you have enough proofs, or if she does not have enough proof to substantiate the charges, chances are that the judge just dismisses the 498A case as it is a framed one.
Section 9 of Code of Civil Procedure, 1908 – Damage recovery case –
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.hi,
If a false complaint is registered against you and your family, you have two options –
either to defend your case and wait for the judgement or
to file a counter case against her and prove her wrong.
Defensive:
You can defend yourself and your family from being sent to jail because of the false complaint. You have following options to defend your family and yourself-
Collect as many pieces of evidence as possible:
Record all conversations (voice, chat, email, letters, etc.) with those threatening and keep the originals in a safe place. It is advised not to produce the original evidence before anyone.
Collect evidence to prove that you have neither demanded dowry nor have taken it anytime.
Collect evidence to prove that she moved out of the bond of marriage for no valid reason.
This evidence will be fruitful in the time of getting anticipatory bail or notice bail from the court.
To make your case stronger and to expect an earlier settlement, you can file counter cases against her.
Below is a list of counter cases you can file to strong your case.
But for this purpose, you will need an advocate to represent you, though it should be in your knowledge as what remedies you have or what counter cases you can file against her.
Sec 120B Indian Penal Code, 1860 – Punishment of Criminal Conspiracy –
Sec 167 Indian Penal Code, 1860 – Public servant framing an incorrect document with intent to cause injury –
Sec 182 Indian Penal Code, 1860 – False information, with intent to cause public servant to use his lawful power to the injury of another person –
Section 191 Indian Penal Code, 1860 – Giving false evidence –
Section 197 Indian Penal Code, 1860 – Issuing or signing a false certificate –
Section 471 in The Indian Penal Code – Using as genuine a forged [document or electronic record]. –
Section 497 in The Indian Penal Code – Adultery –
Section 500 Indian Penal Code, 1860 – defamation –
Section 504 The Indian Penal Code, 1860 – Intentional insult with intent to provoke breach of the peace –
Section 506 Indian Penal Code, 1860 – Punishment for Criminal Intimidation –
Section 227 of The Code of Criminal Procedure, 1973 – If you believe that the complaint registered by the wife is false you can file an application under sec 227 stating that the 498A case filled by the wife is false. If you have enough proofs, or if she does not have enough proof to substantiate the charges, chances are that the judge just dismisses the 498A case as it is a framed one.
Section 9 of Code of Civil Procedure, 1908 – Damage recovery case –
If a false complaint is registered against you and your family, you have two options –
either to defend your case and wait for the judgement or
to file a counter case against her and prove her wrong.
Defensive:
You can defend yourself and your family from being sent to jail because of the false complaint. You have following options to defend your family and yourself-
Collect as many pieces of evidence as possible:
Record all conversations (voice, chat, email, letters, etc.) with those threatening and keep the originals in a safe place. It is advised not to produce the original evidence before anyone.
Collect evidence to prove that you have neither demanded dowry nor have taken it anytime.
Collect evidence to prove that she moved out of the bond of marriage for no valid reason.
This evidence will be fruitful in the time of getting anticipatory bail or notice bail from the court.
To make your case stronger and to expect an earlier settlement, you can file counter cases against her.
Below is a list of counter cases you can file to strong your case.
But for this purpose, you will need an advocate to represent you, though it should be in your knowledge as what remedies you have or what counter cases you can file against her.
Sec 120B Indian Penal Code, 1860 – Punishment of Criminal Conspiracy –
Sec 167 Indian Penal Code, 1860 – Public servant framing an incorrect document with intent to cause injury –
Sec 182 Indian Penal Code, 1860 – False information, with intent to cause public servant to use his lawful power to the injury of another person –
Section 191 Indian Penal Code, 1860 – Giving false evidence –
Section 197 Indian Penal Code, 1860 – Issuing or signing a false certificate –
Section 471 in The Indian Penal Code – Using as genuine a forged [document or electronic record]. –
Section 497 in The Indian Penal Code – Adultery –
Section 500 Indian Penal Code, 1860 – defamation –
Section 504 The Indian Penal Code, 1860 – Intentional insult with intent to provoke breach of the peace –
Section 506 Indian Penal Code, 1860 – Punishment for Criminal Intimidation –
Section 227 of The Code of Criminal Procedure, 1973 – If you believe that the complaint registered by the wife is false you can file an application under sec 227 stating that the 498A case filled by the wife is false. If you have enough proofs, or if she does not have enough proof to substantiate the charges, chances are that the judge just dismisses the 498A case as it is a framed one.
Section 9 of Code of Civil Procedure, 1908 – Damage recovery case –
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