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Can I apply 209, 211 IPC against section 494


28-Jan-2023 (In Divorce Law)

My wife who is also a practicing advocate and by taking such advantage she already filed 498-A, 125 Cr.P.C., D.V. and now latest she filed new complaint case u/s.494,114 IPC against me and my entire family members. Now in her complaint except so called birth certificates of my childrens where my name and alleged second wife's name is seen nothing on record not even date,time and place were not mentioned.As per SC judgements to establish offence u/s 494 essential ceremonies has to be established. With above details can I invoke section 209, 211 IPC for malicious allegations without sufficient

Answers (2)

Answer #1
647 votes
It is very sad to hear about the great difficulties faced by you and your family due to your Practicing Advocate Wife. You need to file counter cases against your practicing Advocate WIfe so as to put back the pressure on her and make her also run around in the COurts as "ACCUSED" for falsely implicating you and your family members ! You should also file all possible complaints including 209, 211 as well as any or all offences under IPC as well as Malicious and Vexatious Prosecution ! Dont waste time and start taking action immediately ! Hope this helps !
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Advocate Namitabh Kothari

Adv. Namitabh Kothari

LawRato Mumbai | 25+ Answers
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Answer #2
734 votes
Sir I have gone through your query. To know whether you can apply Sec. 209 & 211 of I.P.C. , it is necessary to read provisions of these sections. The title of section 209 of I.P.C. is "Dishonestly making false claim in Court. and section 211 is"False charge of offence made with intent to injure. Going through the contents of these section I think you can apply thee charges or can file complaint case under these sections only getting discharged from the present cases against you.
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