• Is it possible to file criminal case against wife

1. Can a criminal case be filed against wife for assaulting husband and mother-in-law? 

2. Which is the IPC section applicable? 

3. What is the process of filling such case and challenges one may face?
Asked 10 months ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
1. Yes definitely 
2. 319, 320 324 etc (depending upon the intensity of injury)
3. Write a complaint and give it to the nearest police station. No challenge, just that you will have to take part in the investigation.

Regards 
Anilesh Tewari
Advocate, New Delhi
11959 Answers
154 Consultations

5.0 on 5.0

You can. File a complaint, get admitted in the government hospital through police memo. Simple hurt, 323, grievous hurt 324. include 506(1)
Once you file a complaint, she may file a counter case,take one local lawyer.
Rajaganapathy Ganesan
Advocate, Chennai
1128 Answers
8 Consultations

4.9 on 5.0

Hi
1. Yes ofcourse criminal case can be filed.
2. Section 352IpC will be applicable.
3. File a complaint to the police with your facts and then police will investigate the matter and produce the chargesheet in court where the accused will be convicted if proved guilty.
You don't have to face anything if you are the complainant, you just need to provide evidences and statements timely.
Thank You
Rahul Jatain
Advocate, Rohtak
875 Answers
3 Consultations

4.9 on 5.0

Please file a FIR in the police station of your area for the assault by wife under section 323, 324,351 of IPC and let the police decide.
Wife does not mean that she can what ever she wish to do.  
Vimlesh Prasad Mishra
Advocate, Lucknow
3278 Answers
7 Consultations

4.9 on 5.0

Criminal complaint can be filed against wife by husband and mother in law for assault 

2) you can file complaint in local police station under section 352 of IPC 

3) Whoever assaults or uses criminal force to any person otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both
Ajay Sethi
Advocate, Mumbai
52194 Answers
3108 Consultations

5.0 on 5.0

1. Yes
2. as per MLR or type of assault, usually, 323, 324,325,326,506 etc
3. make written complaint to police
Suneel Moudgil
Advocate, Panipat
30 Answers

4.0 on 5.0

Respected sir...
There are only few and limited section in which you can sue or file case against your wife ..But you have evidence of such acts done by your wife ...
497 - Adultery  - lodge FIR
406 - criminal breach of trust - FIR
500 - deformation - FIR
506 - criminal intimidation- FiR
Sir you can lodge FiR against her in these section but you have strong evidence else Your case will not stand so collect evidence against her as much as you can ...

Thank you
Dinesh Sharawat
Advocate, New Delhi
742 Answers
3 Consultations

4.9 on 5.0

Dear Concerned 

a. Depending on the nature of the Hurt / assault - a case can be filed on wife.

b. IPC 323, 324,325,326,506  which ever relevant may be considered

c. In case of grievous hurt get a medical done followed by police complaint. 

Best of luck 
Atulay Nehra
Advocate, Noida
1111 Answers
37 Consultations

4.7 on 5.0

Go and file the FIR in the police station as simple as that.
Sanjay Baniwal
Advocate, South Delhi
2318 Answers
5 Consultations

4.9 on 5.0

Yes you can file a case of assualt u/s 319 to 326 IPC depends on the assualt.
You have to file FIR and medical will be done.
Then chargesheet will be filed in court. Police can arrest the offender in the meantime.
You have to prove the case in court.
Prashant Nayak
Advocate, Mumbai
3046 Answers
2 Consultations

4.8 on 5.0

1. Yes Criminal case can be filed.
2. Explain in detail what all allegations you want to impose against your wife.
3. You may end up getting a DV Act case filed by her against you as well. 
Anupam Kirti
Advocate, New Delhi
87 Answers
1 Consultation

4.9 on 5.0

Domestic violence against men in India is not recognized by the law. The general perception is that men cannot be victims of violence. This helps women get away scot-free. 

1. Yes, there can be a criminal case for husband and mother in law. 

2. The Sections applicable are :- 

IPC Section 351 - Assault
IPC Section 352 - Punishment for assault or criminal force otherwise than on grave provocation
IPC Section 353 - Assault or criminal force to deter public servant from discharge of his duty
IPC Section 354 - Assault or criminal force to woman with intent to outrage her modesty
IPC Section 355 - Assault or criminal force with intent to dishonour person, otherwise than on grave provocation
IPC Section 356 - Assault or criminal force in attempt to commit theft of property carried by a person
IPC Section 357 - Assault or criminal force in attempt wrongfully to confine a person
IPC Section 358 - Assault or criminal force on grave provocation

3. You have to go to the Police to file a FIR. If they reject to file the FIR then Section 156(3) under CRPC allows you to file the case. 

Section 156 in The Code Of Criminal Procedure, 1973
156. Police officer' s power to investigate cognizable case.
(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII.
(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate.
(3) Any Magistrate empowered under section 190 may order such an investigation as above- mentioned.

Let me tell you what challenges you might face. 

1. Police might reject filing the FIR 
2. She might file a Domestic Violence Case Against Husband and Mother In Law 
3. She will file a case in Family Court for separation or divorce and ask heavy alimony amounts.  
4. She might file Section 125 in The Code Of Criminal Procedure, 1973
125. Order for maintenance of wives, children and parents. (PLEASE READ ON GOOGLE) 

 
Yugal Anjana Bhatia
Advocate, Mumbai
47 Answers

4.9 on 5.0

Any person, male or female who assaults shall be punished under section 323 to 326 of IPC depending upon the injuries. Section 307 or 308 of IPC shall also be applicable if injuries are Grievous in nature. If offence is cognizable, FIR must be registered. But if not, Complaint should be filed before Magistrate in District Court.
Raj Kumar Mishra
Advocate, Allahabad
64 Answers

4.0 on 5.0

Dear Sir,
Your questions are answered as follows with relevant sections and procedure, you may appreciate the same.

1. Can a criminal case be filed against wife for assaulting husband and mother-in-law? 
Ans: You can lodge complaint either with police or before Hon’ble Magistrate by way of private complainant for the following offences: 
Section 323 in The Indian Penal Code
323. Punishment for voluntarily causing hurt.—Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
Section 504 in The Indian Penal Code
504. Intentional insult with intent to provoke breach of the peace.—Whoever intentionally insults, and thereby gives provoca¬tion to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both
Section 506 in The Indian Penal Code
506. Punishment for criminal intimidation.—Whoever commits, the offence of criminal intimidation shall be punished with imprison¬ment of either description for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt, etc.—And if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or 1[imprisonment for life], or with imprisonment for a term which may extend to seven years, or to impute, unchastity to a woman, shall be punished with imprison-ment of either description for a term which may extend to seven years, or with fine, or with both.

2. Which is the IPC section applicable? 
Ans: Sections 323, 504 and 506  of IPC are applicable.
3. What is the process of filling such case and challenges one may face?
Ans. The usual course is to file complaint with police but they may not take action. Then on the basis of acknowledgment issued by police having received the complaint, you also directly submit private complaint before the Magistrate.
Kishan Dutt Kalaskar
Advocate, Bengaluru
2916 Answers
51 Consultations

5.0 on 5.0

As per the Honble Supreme Court Judgement , now a mother , if harassed by her son would be an aggrieved person and further ,if  the harassment is caused by the son's wife, she too will fall within the ambit of the respondent,"
It means , now the mother in law can file a case under DV Act against her daughter in law.
Earlier, the daughter-in-law was the only woman who could sue her husband and all his women relatives, including his mother, sisters and even nieces. 
1.No- There is no such provision , where husband can file a case against his wife simply for assaulting. 
But you can move a complaint against her ,if harassment from her continued.Whereas as , i indicate above mother in law can file under D.V.Act.
2.If, there is occasion for torchure , fight etc, she can even file a case under section 323/506 etc.but before filing the case , one should give complaint to the police official against her.
3.as above
Mohammed Shahzad
Advocate, Delhi
230 Answers
7 Consultations

5.0 on 5.0

Bombay HC has held that mother in law can file DV case against DIL 

2) It's not only a woman who is the wife or live-in partner of a male abuser who is entitled for relief under the Protection of Women from Domestic Violence Act. Even other women in a domestic relationship with him [abuser] in a shared household are entitled to it, 
In other words, a mother can now file a complaint against her daughter-in-law or daughter. Also, a woman can file a case against her sister-in-law and sister.
While hearing a challenge to the constitutional validity of Section 2 (q), which restricts definition of a respondent to a husband or male partner, a division bench of Chief Justice Mohit Shah and Justice M S Sonak said definition of aggrieved persons and domestic relations under the scheme of the Act is wide enough to include other than a wife or woman live-in partner.
The judges gave the verdict on a petition filed by Haji Ali resident Kusum Harsora (54) and her mother Pushpa (78), saying that exclusion of a woman other than wife/ live-in partner of a male abuser is discriminatory. A magistrate had rejected their complaint against a sister-in-law and Kusum's two sisters saying "mother" and "sister" do not qualify as "aggrieved persons" under the Act.
The judges passed their verdict in line with a Delhi HC ruling upholding inclusion of a mother for relief. 
Ajay Sethi
Advocate, Mumbai
52194 Answers
3108 Consultations

5.0 on 5.0

Your mother can file for protection order under the DV provisions. If it is her own house, she can pray the court to get her d in law evicted. You may be impacted, but your mother will be safe and happy.
Rajaganapathy Ganesan
Advocate, Chennai
1128 Answers
8 Consultations

4.9 on 5.0

DV case can not be filed.
This is not the law of the land.

Regards 
Anilesh Tewari
Advocate, New Delhi
11959 Answers
154 Consultations

5.0 on 5.0

1. Yes, why not.

2. FIR under Section 323 IPC can be filed.

3. Go to the nearest police station to file the complaint whereupon the FIR may be lodged.

4. Mother-in-law can surely file a DV case against her daughter-in-law. This is well settled law now. No judgment of the SC is required for this.
Ashish Davessar
Advocate, Jaipur
24530 Answers
681 Consultations

5.0 on 5.0

1. Can a criminal case be filed against wife for assaulting husband and mother-in-law? 

Yes, a criminal complaint may very well be filed against her for her acts of arrogance and physical cruelty with the local police




2. Which is the IPC section applicable? 

The police will take care of the sections





3. What is the process of filling such case and challenges one may face?

Lodge a complaint with the police, they will take care of all other related issues.
T Kalaiselvan
Advocate, Vellore
42477 Answers
464 Consultations

5.0 on 5.0

Can u share the judgement of Supreme court according to which Mother-in-law can file DV case against daughter-in-law. That would be really helpful because as per below link, government has rejected SC's interpretation of DV act. 


A perusal of Section 2(a) and 2(f) of the Act shows that any woman who is in a domestic relationship, the said domestic relationship being one between two persons who lived at any point of time together in a shared household related by consanguinity, marriage or through a relationship in the nature of marriage, adoption or family members living as a joint family and alleges that she has been subjected to any domestic violence by the Respondent is entitled to relief under the Act.
There is a judgment by Karnataka high court in favor of mother in law.


T Kalaiselvan
Advocate, Vellore
42477 Answers
464 Consultations

5.0 on 5.0

1. First of all, prepare for the counter cases that your wife may initiate against you.

2. Until and unless you provide sufficient proofs to police ( Like., medical records, videos ... etc ) they would not register the complaint and you may need to get in touch with lawyer to make a complaint with magistrate of your jurisdiction.

3. You can file criminals cases against your wife u/s 352,324,325,326,506 of IPC.

4. The above weblink that you mentioned is not valid source ( considering your situation ) and you may not need an SC judgement to file case against your wife.

Niranjan
Advocate, Bangalore
823 Answers
9 Consultations

4.9 on 5.0

1 Yes.
2 Lodge a FIr under section 323, 352, 504 and 506 IPC.
3 Go to the concerned Police Station to lodge theFIR.
Vibhanshu Srivastava
Advocate, New Delhi
7018 Answers
86 Consultations

5.0 on 5.0

Hi, criminal case can be filed by any person against any person committing the crime. The sections for assault are given in IPC and the  same may be used according to circumstances. 
Ganesh Singh
Advocate, Delhi
1896 Answers
1 Consultation

4.5 on 5.0

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