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Can I file a case against false 313 and DV
12-Feb-2023 (In Divorce Law)
I filed divorce (annulment of marriage) against my wife under section 12a after 4 months of marriage because of her medical conditions. Two months later nto avenge it she put the below charges false against me i.e. 489a, 323, section 9, 125 crpc as well as 313 (miscarriage). nnCan I file a new case on my wife against the false miscarriage case. My advocate is discouraging to do so, as he is saying the Girls arenrarely punished. But I have enough medical reports ( few prescriptions near to her alleged date of miscarriage where no such incident is mentioned ), nher ultrasound report where sever PCOS symptoms are mentioned, her medical tests reports of urine infection, fungal infection as well as her voicenrecordings where she has accepted of her mental problem because of untimely menopause symptoms and she was never pregnant will never be in future. nI know she never gets her period at all. She visits to doctors alone and tells some fake dates on all prescriptions to doctors. Now in cas
Your advocate may be having some reason to discourage what you are proposing to do against her. but with all these evidences in your possession against what I suggest days that you should confirm her during her classic examination by your advocate and obtain either denial or admission and letter you can prove all that you have now stated. you can file a case of perjury against for giving false evidence.
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Adv. S.K Prabhakar Shetty
Bangalore | 500+ Answers
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Dear Sir,
You may first get quash the complaint lodged by your wife and get section 313 of IPC quashed. Then only you can file a case against your wife for falsely alleging about the offence of miscarriage. If charge sheet is filed get discharged application filed before Trial Court and say that Section 313 IPC is deleted from the charge sheet. Now, the matter is premature as such you cannot lodge any complaint and cannot file any civil suit for alleging for such miscarriage allegation.
You may first get quash the complaint lodged by your wife and get section 313 of IPC quashed. Then only you can file a case against your wife for falsely alleging about the offence of miscarriage. If charge sheet is filed get discharged application filed before Trial Court and say that Section 313 IPC is deleted from the charge sheet. Now, the matter is premature as such you cannot lodge any complaint and cannot file any civil suit for alleging for such miscarriage allegation.
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Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
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