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Private criminal complaint filed by wife under CrPC 190(1)(a),200


06-Apr-2023 (In Divorce Law)
I am seperated from my wife for past 3.5 years, i have divorce case running in Delhi wherein i was granted divorce on cruelty exparte wherein detailed judgement was given in my favour based on my evidence and wherein court pointed to my wife behaviour and actions as cruel. Now she approached HC and set aside the decree based on non apperance due to covid, hence HC sent it back to family court for trial from my evidence stage. Now after HC set aisde the decree i came to know she has filed private criminal complaint in MM court in Delhi as a counterblast case after 3.5 years of seperation under CrpC 190(1)(a), 200 under various IPC sections of 498a,extrotion,making obsecene videos etc. In complaint she has filed some audio clips whrein we were having heated arguements and other wherein she approached my relatives complaining falsely about me making videos of her. Now what should be my strategy to counter private complaint case, should i file my objections beforehand in the court?
Answers (3)

Answer #1
855 votes
Hi,
As per the information provided by you it is essential to know the stage of the matter so that we can file our evidences accordingly. It is also essential to know background of the case so that proper advise can be provided.

Answer #2
704 votes
hello client as you are saying tht you have been granted ex party divorce on the basis of cruality of ur wife done on you . as you have been given prefrence by thr family court to give justice. in my viee you should immidiatelly need to move to challange the high court order and get high court order set aside .and then fight this case.
Answer #3
894 votes
The foremost point of concern is looking for the grounds on which she has put forward her complaint, based on which the same will be countered individually in your reply draft before the court.
The complaint which she has put forward is the usual legal recourse adopted by wives in domestic violence cases, moreover, your prolonged desertion period from your wife is a good ground in itself to contest the case.
After going through certain documents, merits of your case could be discussed elaborately.
So, if you wish to proceed, kindly connect.

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