Remedy if in laws trying to file a false complaint

936 votes

Counter case is no good remedy, as you have a child firstly try to reconcile the matters,wife and husband are are two wheels of a cart ,both are depend on each other but poor child is depend on both ,so try to accept your own fault ,but if there is no room for reconciliation then file a petition for restitution of conjugal life before family court of the District having jurisdiction with alternative relief that"if restitution is not possible then a decree for dissolution of marriage be passed." You can contest the false case instituted by your wife,if any. You can also file a petition before family court having jurisdiction for custody of minor child ,if child is not properly getting care with his/her mother,please note,welfare of minor is paramount .

Advocate Anil Kumar Thakur LawRato

924 votes

The family matters needed to be discussed properly before advice. meanwhile its to be well understood that the laws of land is primarily against husband even otherwise if one approaches at right time we can get things resolved

Advocate Om Shanker Shrivastava LawRato

829 votes

Do not worry about any false case/police complaint which your wife may file. According to the latest supreme court judgment the police has to proceed against husband very carefully only after the satisfaction of the truth of the complaint made by wife. No need to file any beforehand police compliant. Instead of that you should think whether you want divorce. If you want divorce than file the divorce petition and do also file case for child custody if you want.

Advocate Pradeep Naik LawRato

620 votes

No, need to file FIR but simple intimation to the police can be done. .

Advocate Ramniranjan Chaturvedi LawRato

797 votes

In the you does not clear the date on which your wife leave your home or at what period she started living with their parents . The period in which she was reside with their parent they are unable to prove the cruelty against you . As per sec 498of ipc cruelty can not prove when she was already reside with their own parents. From last five years they don't lodge any conplaint against you. You can give an intimation to the nearest police station you reside about your wife behaviour it will help you in future.

Advocate Rachana Singh Chouhan LawRato