• False case of IPC 376, 506 328

a lady who had relationship with my husband ,logged FIR. she was taking lot of money from him for last 2 plus years n was having extramarital affair. she is married mother of 5 yr old. when i found and stoppeD hubby from continuing the relationship she logged FIR. (in UP)what should we do.we have proof bank trasaction of money given to her. her messages  whatapp message an pic of hers which she sent to my hubby.
Asked 2 years ago in Criminal Law from gaziabad, Uttar Pradesh
1. Does the relationship between your husband and this lady date back to the time when your marriage was not solemnized?

2. Since the FIR has been lodged the immediate priority of your husband should be to get bail, failing which he can be arrested at any time. In the absence of protective cover of bail your husband can now be arrested any moment. It may take months to obtain post arrest bail. So let your husband immediately file for anticipatory bail in the court to pre empt his arrest. Thereafter, contest the case on merits.

3. Bank transactions of money given to her by your husband do not help your husband in any manner.

4. Whatsapp messages can be used by your husband in the court subject to their content.

5. Engage a lawyer and immediately seek bail.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1. What has been complained/charged in the said FIR?

2. Without knowing the charges, it is difficult to advise,

3. However, if it is for rape and/or adultery, then ask your husband to take anticipatory bail immediately,

4. Engage a local lawyer having expertise in this field.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
233 Consultations
5.0 on 5.0
1. The transfer of money would put your husband under more trouble.
2. Since FIR is registered your husband will have to take bail first and then contest the case.
3. The chances of his conviction is bleak.
Devajyoti Barman
Advocate, Kolkata
5231 Answers
54 Consultations
4.9 on 5.0
Dear Querist

if FIR has been registered then immediately file a writ petition or application u/s 482 of Cr.P.C before High Court of your jurisdiction either in Lucknow or Allahabad and try to get stay on arrest.

her case will be very week due to the knowledge of your husband's family and marriage with you. the amount will be very helpful which was transferred in her account via deposit in hand or online.

you or your husband may file a criminal case u/s 384/385 of IPC for blackmailing/extortion against her.

try to find some other relevant informations/evidence regarding her previous relationship. it may be possible that before your husband she may filed any other cases against another persons too.

You can contact personally or over the phone.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Your facts are not clear as to the contents of the FIR. You must state what is written in the FIR against your husband. Now that FIR is lodged on whatever grounds, it is advisable that your husband approach the Magistrate by filling an application for anticipatory bail. The evidence as stated by you can be used by him for his defence before the court/police authorities as well.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
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What is her complaint and charges. what is written in the FIR against your husband.With out getting right information ,advise is invain
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
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you can't prosecute that lady only on these facts. this is the offence of adultery either you file divorce petition against your husband on the ground of adultery or file criminal case against your husband and that lady simultaneously. her husband has right to file criminal case against your husband for committing adultery because adultery is the offence against husband. provide some more facts for better opinion.
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0

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