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False allegations of 377 by my wife after 3 yrs and 9 mos of marriage
24-Nov-2023 (In Criminal Law)
Hi sir/ ma'am
My wife has lodged a false complaint of section 377 against me stating that I had been doing it consistently against her will for more than 3 years. Also stated that whenever she opposed, I threatened to kill her and marry someone else. She has not even submitted her medical. Also she had a prolonged issue of piles even before marriage as stated by her. Can these charges be framed against me. I am a private job person and the only earning person in my family. This is being done to harass me and my family
Hello Good morning i'm Advocate Vivek Mishra well according to your case if FIR has been lodged then kindly go for quashing for further more details kindly contact me so that I can elaborate you in proper manner thank you
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Adv. Vivek Mishra
Allahabad | 500+ Answers
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What happens if wife files 498a?
Indian women and their relatives can file a 498a against their husbands, parents, siblings, grandparents, cousins and uncles and aunts. The 498a case (dowry abuse) can lead to an arrest without any investigation or verification. Q.
What is the false Section 377?
Many of the cases in this section were proven false. The husband is acquitted if the medical report proves that the wife lied. The husband can sue the wife for defamation, and get compensation for ruining his reputation. He can also apply for divorce on the basis of mental cruelty.
What is the punishment for false 498a?
There is no law that specifically punishes false accusations of 498A, but Section 211 of the IPC provides punishments for false allegations of committing an offense against another person in order to harm them. This is punishable by up to 7 years imprisonment or a fine.
if your wife want to alleged you that offense then she can do. because prima facia no need to proove that she really victim of 377 ipc. no need to any medical for this. but in trial position you can proove that you not guilty. but in this process you face many harassment and problem. batter you compromise your wife and handle all problem with mutually.
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Adv. Satish Bhati
Greater Noida | 400+ Answers
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Although marital rape remains unrecognised in the country, Section 377 still holds value in cases where women complain of such an act. Charges maybe framed in such a case. This is a Cognizable offence. If the FIR has been filed, you need to immediately apply for anticipatory bail or you will be arrested.
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Adv. Medhavi Mishra
Noida | 100+ Answers
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You can first file a counter complaint u/S. 153(3) CrPC, stating the accusations made against you as false and baseless. You can also directly go to court and file for divorce under section 13 of the IPC, but keep in mind that the settlement amount will be quite high.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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