• Can a husband file private complaint, against wife?

In court, husband file divorce in 2 years, the divorce is in progress and the status is in dismissed for non appearance.
As per marriage certificate she is three years 
(37, 34 )younger providing forge documents pan card, ration card. Keeping in mind 10 crores property from his family side.
But in reality she is 8 years elder, and also earlier she married with different dob and within a year he died mysterious ly.. this matter was never concealed..

As divorce is in court , we cannot file private or defamation case..court with divorce order copy file a case..as possible any time may join.
What is the solution?
Asked 2 years ago in Family Law
Religion: Christian

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18 Answers

file case of cheating against wife for getting married under false pretenses .

2) mention that wife mentioned she is 3 years younger whereas in fact she is 8 years elder to boy

3) enclose copy of forged ration card , pan card etc of wife to the police complaint

Ajay Sethi
Advocate, Mumbai
79679 Answers
4798 Consultations

5.0 on 5.0

hello,

this issue must be put to the knowledge of the court that she was earlier married to a different DOB. a criminal complaint can be filed stating that she duped you by showing false documents. this can be a very strong grounds for divorce too.

regards

Rahul Mishra
Advocate, Lucknow
11628 Answers
20 Consultations

5.0 on 5.0

1. On the basis of contents made in a petition no case of defamation lies.

2. However for making false statements on oath a case pf perjury under section 340 crpc can be filed.

3. If the divorce suit is dismissed for default then a fresh suit for same relief on fresh cause of action can be filed.

4. Otherwise on the basis of amicable settlement mutual divorce can dissolve this marriage.

Devajyoti Barman
Advocate, Kolkata
21773 Answers
315 Consultations

5.0 on 5.0

With the limited facts what you disclosed it will be difficult to offer a solution. The complete facts and circumstances has to be examined to suggest whether a complaint can be lodged based on the available records.

Rajaganapathy Ganesan
Advocate, Chennai
1804 Answers
8 Consultations

4.9 on 5.0

1. If the divorce petition has been dismissed for non-appearance then it cannot be said to be pending.

2. A criminal complaint for forgery and cheating under Sections 420, 467, 468 and 471 PIC can be filed against her. The onus will be on you to prove the commission of offence.

Ashish Davessar
Advocate, Jaipur
29975 Answers
864 Consultations

5.0 on 5.0

In your first paragraph you have mentioned that the divorce case was dismissed due to non-appearance.

which means that there is no divorce case is pending. Now, husband can file a private complaint u/s200 Cr.pc for offences below

1. Breach of Trust

2. Cheating

3. Forgery documents

4. forgery documents fabrication

5. Other stuffs if you forgot to mention then those can be inluded.

Sivasubramanian B
Advocate, Chennai
47 Answers
3 Consultations

4.8 on 5.0

1) you can file defamation case against her if you have evidence against her.

2) If you provide the facts of the case point wise from day one date wise. We will be guide you extaclty in which direction case will go.

Ganesh Kadam
Advocate, Pune
11738 Answers
114 Consultations

4.9 on 5.0

hello,

the divorce case status is dismissed in default which means that your petition has been dismissed due to non-appearance of parties. the petition no longer exists. there is no divorce petition. but now you are stating that the case is going on in Thanjavur. well, it's ok. don't file a complaint but at least file this act of your wife before the court where the divorce is going on.

regards

Rahul Mishra
Advocate, Lucknow
11628 Answers
20 Consultations

5.0 on 5.0

Since case has been transferred to city wherein your wife is staying you have to prove allegations made in divorce petition

Divorce decree would be passed dissolving marriage if you are able to prove allegations made by you

Ajay Sethi
Advocate, Mumbai
79679 Answers
4798 Consultations

5.0 on 5.0

If Police refuse to register FIR File private complaint before magistrate under section 156(3) cr pc to direct police to investigate and submit report

Ajay Sethi
Advocate, Mumbai
79679 Answers
4798 Consultations

5.0 on 5.0

1. The court office cannot decide the maintainability of the prayer. I don't know how this happened as I have not perused the defamation case papers that you say you tried to file.

2. Police has no authority of law to take any action. Your remedy is only before the court.

Ashish Davessar
Advocate, Jaipur
29975 Answers
864 Consultations

5.0 on 5.0

Private complaint possible. No bar.

Jugal Kishore Agrawal
Advocate, Jaipur
81 Answers

Not rated

Defamation case has nothing to with the pending divorce case.

If there are grounds for defamation you can go ahead.

T Kalaiselvan
Advocate, Vellore
69710 Answers
946 Consultations

5.0 on 5.0

1. Whether the defamation case was returned with this observation? If so, it is incorrect, you may take it up with rhe appellate court for suitable remedy to it.

2. Giving wrong age in marriage nor supressing the facts of previous marriage or the marital status i.e. widow, cannot be treated as cheating in criminal law.

It may be a strong ground for divorce.

If the divorce petition had been dismissed for default you may file a Petition to restore giving the reasons that prevented you from appearing before court and seek court permission for restoration.

T Kalaiselvan
Advocate, Vellore
69710 Answers
946 Consultations

5.0 on 5.0

If the case was transferred to

Tanjavur court then you may have to pursue it through the Tanjavur court.

You cannot claim excuse for any reason

T Kalaiselvan
Advocate, Vellore
69710 Answers
946 Consultations

5.0 on 5.0

1) wife has with intentions to deceive you married you under false pretences

2) case of cheating is made out against wife

3) if wife has maligned your reputation you can file private complaint against wife before magistrate court

Ajay Sethi
Advocate, Mumbai
79679 Answers
4798 Consultations

5.0 on 5.0

The defamation cae itself is a private criminal complaint only.

This kind of cheating do not come under criminal law hence you may have to seek civil remedy alone

T Kalaiselvan
Advocate, Vellore
69710 Answers
946 Consultations

5.0 on 5.0

1. How would you prove that she gave you wrong age and also concealed the factum of her previous marriage? These things are easy to allege but next to impossible to prove except if direct evidence comes?

2. Consult a lawyer with all the documents in your possession.

3. Defamation case is actionable in criminal law only through a private complaint.

Ashish Davessar
Advocate, Jaipur
29975 Answers
864 Consultations

5.0 on 5.0

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