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Father filed divorce case and false criminal charge against the mother
19-Jul-2023 (In Criminal Law)
My father(hindu) 62yrs has filed a divorce case on my mother 58yrs (Hindu) . the divorce case also had one more sub part that is a criminal case (section 343,363,120b )of kidnapping against my mother by creating false stories. Now my question is if my mother gets a mutual divorce will she be also freed of all the criminal charges once the mutual divorce is granted. If not how to proceed.
Your father has filed divorce cases as well as criminal case also. The things is that if your mother get divorced from your father it doesnot mean that criminal case will be disposed off automatically.
For further more enquiry you have to consult with me or some other lawyer
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Adv. Lucky Mukherjee
Kolkata | 50+ Answers
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In my opinion at first withdraw all the case consult with your father and then file a joint petition for divorce by mutual consent under section 13B of the Hindu Marriage Act.
And without detail discussion proper consult is not possible.
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Adv. Dhrubaraj Bhowmik
Kolkata | 200+ Answers
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if they both preferring a mutual divorce then it should be incorporated in the application all cases filed against each other should be withdrawn during the pendency of the mutual divorce. Otherwise file a file a petition u/s 482 Cr.PC to quash the criminal case u/s 343/363/120B.
There are some offences, which cannot be compounded. They can only be quashed. The reason for this is, because the nature of offence is so grave and criminal, that the Accused cannot be allowed to go scot-free. Here, in these types of cases generally, it is the "state", i.e. police, who has filed the case, and hence the question of complainant entering into compromise does not arise. All those offences, which are not mentioned in the list under section (320) of CrPC, are non-compoundable offences.
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Adv. Robert D Rozario
Mumbai | 100+ Answers
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Since the father has filed the divorce case himself it is evident that he wants the divorce, hence it's the only scope for your mother to get the criminal case withdrawn by keeping the divorce case pending and once the criminal case is withdrawn then the divorce on mutual consent may be given. My suggestion, don't give the divorce first, if it is done, your father may linger the criminal case and your mother shall be heckled for indefinite period. All the best. Regards
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Adv. Ujjal Kumar Ray
Kolkata | 400+ Answers
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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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