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Legal action against false allegation of domestic violence


11-Jan-2023 (In Criminal Law)
Sir, I know a person who married approximatly 10 year ago and have two children's. Boy 8 or9 year old and girl 4 or 5 year old. Here is rumors that his wife have many extramarital affairs. Many people have confirmed that. Also rumors is that she tried to kill him twice by road accident with her boyfriend. She also filled complained against him for home violence but that is not true. One month ago she left home and doing private job for maintaining her relationship with other. Her parents often come to his and tries to take his children with them forcefully. What should he do to get freedom from them and get right to his children's . so he could secure their future.
Answers (2)

Answer #1
829 votes
He can file a complaint against them before court for criminal intimidation. Alternatively, he can also take Injunction order from court against them. In order to get rid of his wife as per your story, he can also file a divorce case against her
Answer #2
900 votes
Dear client,

We can’t do anything for hearsay things like rumors. However we can file a divorce case on the ground of adultary but it is very hard to prove. So I would suggest you to do not go for that ground.
As you said she has filed a false complaint against her husband, in that situation husband has to fight that case along with a lawyer.
She has left her home for maintaining her self. In that case her husband can file a divorce case against his wife in the competent court of Law on the ground of cruelty. For retaining the custody of children he has to fight the case.
For better consultation you can contact me.
Thanks

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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