ipc 377 after receiving divorce petition
2 years ago
My brother has filed divorce petition and are in separation since 2 year. After knowing the petition, his wife had lodged pre FIR complaints at CAW cell and other police stations offences attracting ipc 377 and blackmailing him that he should take her home. What can be done in this.
A.Dear Sir,
Your brother is advised to approach High Court for quashing of such false FIR. If no grounds were available then wife may file such false and frivolous complaints without any medical evidence.
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A.Hi,
Section 377 is repealed so, there is decriminalization of homosexuality in India from September 2018. Also, the Supreme Court of India has held that if there are false complaints filed by the wife in such situations then, it can result in cruelty which is again ground for a divorce. So, the brother does not have to worry but rather keep the evidence of her blackmailing and submit it if required in the court of law to add more to the divorce petition filed.
Thank you.
Section 377 is repealed so, there is decriminalization of homosexuality in India from September 2018. Also, the Supreme Court of India has held that if there are false complaints filed by the wife in such situations then, it can result in cruelty which is again ground for a divorce. So, the brother does not have to worry but rather keep the evidence of her blackmailing and submit it if required in the court of law to add more to the divorce petition filed.
Thank you.
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