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What to do in case of false case under Section 498A
02-Feb-2023 (In Criminal Law)
I, retd. IRS officer & wife live in Delhi. My son, working & living in UAE married a girl of Bilaspur, Chhattisgarh on 31.12.12 under Spl. Marriage Act. She lived with husband for 8 months & in-laws for 10 days. She deserted on 05.11.13 & filed Case under DV Act'05 at BSP Court on 06.02.14 against all. Husband also filed divorce in May'2014 in Delhi. She then filed a case u/s 125 at BSP. We filed TP in SC in july'15; she also filed TP in Aug.'15. Mediation in Aug.'16 failed due to exorbitant demand. Another mediation in Sept.'16 also failed at BSP. SC ordered in Oct.'16 for transfer of all 3 cases to Raipur- yet to start. Now, we understand, with connivance of local police, at BSP, FIR was registered against all in early 2016. Only in dec.'15, a letter was received from Police. I requested date after 15.05.15. No reply recd. in-spite of it's ack.; even during pendency of cases in SC & without any reference there, this FIR is slapped.
You can approach to the high court for the quashing of the said FIR and take this step for sure or else it can end to be a heavy loss, as in the similar matter my clients has been awarded 6 months imprisonment. Connect for more detail. And who z contesting your matter in Raipur
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Adv. Shrijan Shukla
Raipur | 100+ Answers
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there are cases
1. Divorce petition filed in delhi
2. Apllication U/s. 125 crpc
3. Complaint Domestic voilence act
Fir under which sec. Is registered ?
You have some ways to get yourself out of it firstly you have to face the trial and secondly compromise, thirdly & most imp., petition in highcourt under section 482 crpc for quashing the FIR filed against you people.
1. Divorce petition filed in delhi
2. Apllication U/s. 125 crpc
3. Complaint Domestic voilence act
Fir under which sec. Is registered ?
You have some ways to get yourself out of it firstly you have to face the trial and secondly compromise, thirdly & most imp., petition in highcourt under section 482 crpc for quashing the FIR filed against you people.
Helpful?
36+
36+
Adv. Aditya Shrivastava
Raipur | 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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