• Section 227 and its validity

I was married on 15 Feb 19 as per Hindu Marriage Act in Haridwar. However, the marriage went downhill after my wife and her parents started showing their true colors. After reconciling and suggesting it's best that the alliance may be nipped, my in laws and wife started taking shady paths and iniquitous methods to defame me and put false allegations. They have charged me with DV, Section 125 crpc and also RTI. I have never harassed my wife except for the small fights that every couple has. Now they are tarnishing my and my family's name in the society. They have accused me wrongly of taking dowry, harassing mentally and physically and many other accusations that are completely wrong and baseless. I recently came across the term Section 227 and wanted to know its validity. Can I use it and if I can how should I?
Asked 6 years ago in Family Law
Religion: Hindu

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13 Answers

Sec 227 crpr or article 227 of Indian constitution

Under 227 croc discharge application files in criminal case and article 227 is supervisory jurisdiction of High court. Later has no application in your case. Article 227 evokes to correct error If committed by lower court in civil matters. 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

If the order is not passed in lower court against you under section 125 CrPC for maintenance. And in false allegations if dv and 498a dowry.

 

If the order gets passed against you than you can go for Writ Petition article 227 in the High Court.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

See in my view you are talking about article 227 filing a quashing petition before the high court see in case it is false case you can file you can prefer a quashing petition and you can pray for stay on the trial pending the quashing petition.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Your remedy is to file suit for damages / complaint of criminal defamation against your wife 

 

and not writ under article 227 of constitution 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

- Sectiioin 227 CrPc is for the discharge of the accused from the offence , and defind as :

If, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing.

- Hence under this section you can file your application for discharge from the offence permanently.But this section will apply with you , if there is an FIR under section 498A etc.

- Since, she has file her case under secion 125 CrPc, then you cannot take benefit under section 227.

- But, you can challenge after filing an appeal , if any order passed against you under those sections.

- Try to file sound Reply against her case to get rid out of the case. 

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

File a divorce petition in the family court. Also file a domestic violence case against her and it should be filed by your mother.

In 125 application file a reply stating that she herself is not living with you and also file an rcr application.

What is s. 227??

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. Well, there is nothing to get worried much as the cases even though is filed subject of proof and you are given ample opportunity to defend the same on merit.

2. If your wife is without any employment then you are liable to maintain to your wife irrespective of falsity of her allegations.

3. If and when 498A complaint is registered then you should apply for bail without any delay and once it is obtained you have nothing to worry anymore.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Section 227 of which act are you referring to? 

Please clarify. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You can for quashing application under section 482 crpc if FIR filed against you as well as under article 226 & 227 of Constitution of India by filing writ petition in High court

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Dear

First of all you haven't mentioned the act under which this section is refered by you. 

Application under section 227 CrPC is for discharge petition filed in trail court. But it will not be applicable in DV or 125 CrPC But it can be filed if they lodge FIR against you.

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

If you have sufficient proof regarding false complain then you can definitely go for quashing as well as discharge application. It's depends on the content of complain and other proofs.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

What is term 227?

Do you refer to article 227 of Indian constitution?

Well that will not be applicable to this situation.

If she has filed false cases against you then you may challenge the same in the trial proceedings on the basis of the documentary evidences in your support.

 

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

Dear Sir,

Section 227 in The Indian Penal Code



Violation of condition of remission of punishment.—Whoever, having accepted any conditional remission of punishment, knowingly violates any condition on which such remission was granted, shall be punished with the punishment to which he was originally sentenced, if he has already suffered no part of that punishment, ...

 


 

Section 227 of the Code of Criminal Procedure 

provides that if, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the judge considers that there is no sufficient ground for proceeding against the .

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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