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What to do if sister-in-law has filed a false case against my family
27-Sep-2023 (In Family Law)
My elder brother got married in February 2017, but within 15 days they had some fight and she leaves our home and went her parents home. From last 1.5 yrs she neither came back our home nor she contacted on phone. Now, she filed a false case against us. What to do?
First of all your brother need to file application u/s 9 of Hindu marriage act i.e. for restitution of conjugal rights and then should go for anticipatory bail each and every member against whom complaint has been made, and then defend the case.
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Adv. Abhishek Singh Chauhan
Jaipur | 25+ Answers
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Your brother can file an application in family court under section 9 of hindu marriage act for restoration of conjugal rights.
And so far false case is concern your brother can challenge false case at high through criminal writ u/s 482 CrPC
And so far false case is concern your brother can challenge false case at high through criminal writ u/s 482 CrPC
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Adv. Manish Vyas
Jodhpur | 25+ Answers
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you can file a counter FIR against her. also, it is advised to file a petition under section 482 Cr.P.C in the concerned High Court for quashing (canceling/setting aside) of the FIR filed by your elder brother's wife against your and your family members. The benefits of section 482 Cr. P.C. are your arrest can be stayed till the disposal of the petition. Also, during the pendency of the petition, you can enter into negotiations for a full and final settlement with your brother's wife.
Meanwhile, it is also advised to file anticipatory bail as a matter of abundant caution.
Meanwhile, it is also advised to file anticipatory bail as a matter of abundant caution.
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Adv. Prabuddha Sharma
Jaipur | 100+ Answers
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