Falsely accused of ipc 377 by wife
2 years ago
How can I get divorce from my wife who have filed 498a, 323, 406, 504, 506, 34 later added 377 which resulted in 3 days police custody and thereafter bail was granted ? 17 months have passed for marriage no child begotten. She is working. I am managing dad's business and seeking masters. She is demanding 30 lacs for settlement.
A.You need to be very careful as it seems she has got guidance of a good lawyer. First of all you agree for some amount settlement and once that is done you hire a good criminal lawyer and show that as an evidence to the court that she lodged a false case against you to extract money. You may also try to get all the criminal cases quashed at the High Court under Section 482 of CrPC.
Post all this you can very well file a divorce case under the ground of cruelty by hiring a good divorce lawyer.
You can read about how to quash a case or FIR in High Court here in this blog https://www.vidhikarya.com/legal-blog/Quashing-of-FIR-and-criminal-proceedings-of-498A-by-High-Court-under-Section-482-of-CrPC
Post all this you can very well file a divorce case under the ground of cruelty by hiring a good divorce lawyer.
You can read about how to quash a case or FIR in High Court here in this blog https://www.vidhikarya.com/legal-blog/Quashing-of-FIR-and-criminal-proceedings-of-498A-by-High-Court-under-Section-482-of-CrPC
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
It is advisable to approach the family court and file a petition for divorce u/S 13 of HMA. Regarding the false allegations, you can counter them by writing a registered post to any senior police officer as per S.153 of the CrPC.
If you find my answer helpful then kindly rate me.
It is advisable to approach the family court and file a petition for divorce u/S 13 of HMA. Regarding the false allegations, you can counter them by writing a registered post to any senior police officer as per S.153 of the CrPC.
If you find my answer helpful then kindly rate me.
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A.Hi,
You can file a counter-complaint first u/S 153(3) CrPC stating that the charges pressed against you are baseless and false. You can directly approach the court and file a suit for divorce u/S 13 of the IPC as well keeping in mind the settlement amount is quite high.
If you find my answer helpful then kindly rate me.
You can file a counter-complaint first u/S 153(3) CrPC stating that the charges pressed against you are baseless and false. You can directly approach the court and file a suit for divorce u/S 13 of the IPC as well keeping in mind the settlement amount is quite high.
If you find my answer helpful then kindly rate me.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.As she is demanding exorbitant sum for setting the issue, there is little option to apply for mutual consent Divorce now.She is waiting for the filing of Divorce case on your part so that she can claim Alimony.Although she is working, however,if her monthly salary is not enough for her livelihood,and if you have much more earning than her, then she can demand Monthly maintenance during the pendency of that Matrimonial Suit for Divorce.
It is advisable to file the Petition u/s 9 of the Hindu Marriage Act,1955,as amended up to date for Restitution of Conjugal Rights and upon receiving the Notice from Court,your wife either have to live with you or have to specify that she is unwilling to live with you,I and in the later situation Court will ask both of you to take mutual decision in that regard and such circumstances may compel your wife to agree in mutual consent Divorce demanding less amount as Alimony for one time and then by filing separate Matrimonial Suit through joint petition,you can get Divorce after six months from the date of such filing.
It is advisable to file the Petition u/s 9 of the Hindu Marriage Act,1955,as amended up to date for Restitution of Conjugal Rights and upon receiving the Notice from Court,your wife either have to live with you or have to specify that she is unwilling to live with you,I and in the later situation Court will ask both of you to take mutual decision in that regard and such circumstances may compel your wife to agree in mutual consent Divorce demanding less amount as Alimony for one time and then by filing separate Matrimonial Suit through joint petition,you can get Divorce after six months from the date of such filing.
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