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What legal actions can be taken in case wife lodges FIR for cruelty?
09-Nov-2023 (In Family Law)
Sir, i made a mistake by slapping my wife a few days back only once and i accept my mistake. My wife and her parents strongly feel that me and my parents torture her. Sir is there any solution cum step that i and family can take to avoid any legal consequences in case she and her parents lodge a complaint or a FIR against me and my family. Thanks
If you are apprehensive that she might file complaint which accuses you of any cognizable offence and you might get arrested then you can take an anticipatory bail.
However, she most probably will file a case under section 498A of IPC which is although cognizable but in a recent judments the supreme court has ruled that arrest in these cases will be made only after a family welfare committee gives its report. Hence, try to get the matter resolved at this stage itself. The Supreme Court has also ruled in the same case that if the matter gets resolved and a settlement is reached between the parties then the district and sessions judge can dispose of the proceedings and close the criminal case if the dispute primarily pertains to matrimonial discord. Hence try to settle the matter at this stage itself.
However, she most probably will file a case under section 498A of IPC which is although cognizable but in a recent judments the supreme court has ruled that arrest in these cases will be made only after a family welfare committee gives its report. Hence, try to get the matter resolved at this stage itself. The Supreme Court has also ruled in the same case that if the matter gets resolved and a settlement is reached between the parties then the district and sessions judge can dispose of the proceedings and close the criminal case if the dispute primarily pertains to matrimonial discord. Hence try to settle the matter at this stage itself.
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Adv. Samyak Raj
Delhi | 500+ Answers
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