It's marriage issue and divorce and fake FIR and Fake allegations

757 votes

The situation you have described involves both civil and criminal aspects. It is important to approach this systematically to protect yourself and your family. Here’s how you can proceed: 1.      Analyze the Pending Cases You need to review the fake allegations and FIRs filed by your wife against you and your family. If the cases are still active: You may file a petition under Section 482 of the CrPC in the High Court for quashing the false FIRs. Courts generally quash cases if there is clear evidence of malice or misuse of legal provisions For police harassment: If you or your family members are being harassed, approach the High Court for protection against coercive action based on false cases. 2.      File for Restitution of Conjugal Rights (RCR) Since your wife has left the matrimonial home again, you may consider filing a petition under Section 9 of the Hindu Marriage Act, 1955, for Restitution of Conjugal Rights. This will legally compel her to either return to you or provide a valid reason for not staying with you. If she refuses, it can strengthen your case if you later decide to file for divorce. 3.      Counteraction for Abuse and Harassment If your wife has been abusing you and your family during her stay, you can file: A complaint under Section 506 IPC (criminal intimidation) for threats or abusive behavior. A domestic violence case under the Protection of Women from Domestic Violence Act, 2005, if her behavior caused mental or emotional harassment to you or your family. 4.      Divorce Proceedings (if necessary) If reconciliation is not possible and the harassment continues, you can consider filing for divorce: Under Section 13(1)(ia) of the Hindu Marriage Act, 1955, for cruelty, based on her abusive behavior and filing of false cases. Gather evidence such as abusive messages, recordings, or witnesses to prove her conduct in court. 5.      Contempt of Court for False Promises Your wife promised to withdraw the cases but failed to do so even after returning to live with you. You can bring this to the court’s notice, as such behavior amounts to misleading the court and can be considered a ground for .

Advocate Kiran Ashok Gangurde LawRato

986 votes

It's quiet possible that your wife must have filed domestic violence application in Court. Further, as far as FIR is concerned the Police will investigate and file a chargesheet in the Court. Divorce proceedings will also continue. Feel free to contact me for seeking any legal advice/assistance as regards the same.

Advocate Prerna Shukla LawRato

504 votes

To address your concerns, you may file for quashing of the false FIRs under Section 482 CrPC in the High Court. If your wife has abused or harassed you and your family, you can file a case of defamation or seek relief under the Domestic Violence Act if applicable. Additionally, you may file a counter-complaint for misuse of legal proceedings and seek anticipatory bail if any threats of arrest persist. Consider gathering evidence to prove your case, such as messages, witness testimonies, or any relevant documents.

Advocate Devang Manjrekar LawRato

614 votes

Well, if you have become frustrated with the way your wife is behaving, then, you can apply for seeking Unilateral Divorce in Court under the concerned provisions of the Family Act. If she is not willing to withdraw the cases, then, you have to contest with her.

Advocate Pankaj Bajaj LawRato