2+ Lawyers are online
Change Of Petition In 125 Crpc And Dv Case.
04-Feb-2026 (In Divorce Law)
My wife has changed entire complaint in 125 and dv case from original fir. Charge sheet is still pending ...she has tried to make allegations in 125 crpc more grave and serious...not a single incident or allegations matching for same time period..no single evidence in any...can I file any counter claim based on this fact ? Civil damage ? Criminal defamation? Mental harrasment? Malacious prosecution... anything ?
Dear sir Since your wife has changed her statements and allegations in the maintenance and domestic violence cases compared to the original FIR—without consistent facts or evidence—it reflects clear misuse of process and mala fide intention. You may explore filing for malicious prosecution, defamation, or civil damages for mental harassment. However, before initiating any such legal action, the entire case record must be examined to assess contradictions, evidence, and the stage of proceedings to decide the most effective legal remedy.
Helpful?
Adv. Nikhil Karwal
Adv. Nikhil Karwal
Delhi | 25+ Answers
Chat
Hi there, before getting into claim part firstly you'll have to get atleast one order from court where either they clearly mention the stark contradictory statements or at least highlight this point and issue a warning to her.
Once, you succeed in this then you can look for malicious prosecution and other compensatory aspects.
However, it's advisable to contact me and provide more details to assist you better.
Helpful?
Adv. Ishan Parashar
Adv. Ishan Parashar
Delhi | 200+ Answers
Chat
Inconsistencies can be looked into if they're sufficient to have your case quashed. Your remedy lies in contesting DV/125 on merits, seeking dismissal. Counter cases like defamation or malicious prosecution arise only after acquittal or final falsity is proved.
Helpful?
Adv. Abdullah Akhtar
Adv. Abdullah Akhtar
Delhi | 100+ Answers
Chat
Significant contradictions between an original FIR and subsequent complaints in maintenance or DV cases can be strong grounds for defense. You should first highlight these inconsistencies during cross-examination to undermine the complainant's credibility. Legally, you can file a criminal defamation case under Section 356 of the BNS (formerly 499/500 IPC) or a civil suit for damages if these false claims harm your reputation.
Helpful?
Adv. Yash Ajmani
Adv. Yash Ajmani
Delhi | 25+ Answers
Chat
If the facts pleaded in the 498A complaint are materially at variance with what is pleaded in the DV case and the Section 125 proceedings, there are three remedies available to you as a husband:
First, since no charge sheet has been filed, the most effective course is to invoke the High Court’s inherent jurisdiction under Section 482 CrPC and seek quashing of the FIR and all consequential proceedings on the ground that the criminal process is being misused and the allegations, read as a whole, are internally unreliable and mutually destructive across parallel proceedings.
Second, in the DV and Section 125 proceedings, file a detailed reply placing on record copies of the pleadings/complaints and a contradiction chart mapping allegation to allegation.
Third, file a divorce case alleging mental cruelty and incorporate these material contradictions in the said petition.
Helpful?
Adv. Pragati Srivastava
Adv. Pragati Srivastava
Delhi | 25+ Answers
Chat
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.
Connect with top
Divorce lawyers for your
specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
