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Procedure to file Complaint against physical & mental torture
15-Nov-2023 (In Criminal Law)
I for married on 26.04.2016. according to hindu rites & customs. She lives in Asansol, Burdwan east. After marrage she refuse to any physically with me and maxmimum time she gone to her father house without any reason. She and her family member told me and torture me for 10 lakh case for divorce. But I refuse their demand , as I have not position to meet up their demand for the divorce. From 4th April 2016 to still now she live with me maxmimum 20days. I was said them that I dnt want any divorce also not interested for get her back, she was go from my home intentionly , if she come to my home again she can come. But now she case to me & my family 498.. ( physically and mental torture) and demanding for monthly alimony. What can I do? If there is any low that I also case to her and her family for froud, cheating & extortion?
Hi, thank you for your message. Sorry, it took some time to reply.
Yes. If she files a case against you alleging false 498(a) case against you, then you can not stop her from filing a case but we can create a good case from our side also. In reply to the suit filed by her, we can file an affidavit in reply on behalf of you. But before proceeding, i need to know few things:
1. Did she file any FIR against you?
2. Did you receive any notice from the police or court?
3. Did you receive any letter of notice or petition from her advocate?
4. What is the address of you and your wife?
Yes. If she files a case against you alleging false 498(a) case against you, then you can not stop her from filing a case but we can create a good case from our side also. In reply to the suit filed by her, we can file an affidavit in reply on behalf of you. But before proceeding, i need to know few things:
1. Did she file any FIR against you?
2. Did you receive any notice from the police or court?
3. Did you receive any letter of notice or petition from her advocate?
4. What is the address of you and your wife?
Helpful?
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Adv. SK Shahrukh Raja
Kolkata | 25+ Answers
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you have to face the situation very tactfully by taking good defence. Is your said marriage consumated during your conjugal living with your wife ? your wife has her liberty to file case U/s 498A IPC alleging physical and mental torture falsely against you but burden of proof lies upon her to prove her case. after expiry of one year of your marriage you can file a civil Suit for Divorce on specific grounds .Moreover you can now file false criminal case against your in-laws members including your wife for creating pressure upon them to make compromise on reasonable terms.
Helpful?
82+
82+
Adv. Biswajit Roy
Asansol | 25+ 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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