Legal Question in Family Law in India

my wife puts false fir in mahila thana of 498a and 504, 506 against me. and dv act in kutchery and also sec14 and crpc 125 and i had put divorce petetion against her. pls help me what to do now.


Asked on 12/25/13, 6:14 am

3 Answers from Attorneys

pursue your cases diligently. Do you have a mediation centre. If yes then go for mediation. You can either resolve your differences and stay together or if that is not possible partways by divorcing by mutual consent where you can pay her lumsum amount for palimony and settle the issue of child custody. Please note that multiplicity of litigation will not help any one of you. For further query contact 9312411481.

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Answered on 12/25/13, 6:38 am

Appoint an expert, get bail and defend ur case.

Good luck.

[email protected]

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Answered on 12/25/13, 10:56 pm

You should apply in the Court for the quashing of the 498A case. There are various guidelines based on which the Court opts for quashing of the FIR, for example where the allegations are absurd and/or are baseless and frivolous. If the criminal complaint under section 498A IPC gets dismissed, you may file a complaint under section 182, 211, 500 IPC against the wife for offence of giving false information to government authorities and filing false criminal complaint against the husband with the intend to injure and defame him.

In case the matter is sub-judice, get the matter resolved through Mediation and Conciliatory Centre of the Court, wherein both parties can agree for divorce by mutual consent, settlement of permanent alimony if any, settlement of child custody if any, return or settlement of properties of the parties and withdrawal of all criminal and civil charges/cases by both parties filed against each other and proceeding for Divorce by Mutual Consent only in the Family Court.

You may seek the help of an expert in filing an application for the quashing of FIR, since the Courts exercises its power to quash an FIR, sparingly. You can call me at 09555 507 507 or send me a mail at [email protected] if you require any assistance.

-Regards

Advocate Pooja

www.lawkonect.com

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Answered on 12/26/13, 3:51 am


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