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.
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 am suspicious that they will also file false 498a on me. What should I do?
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.
File complaint of criminal defamation against your wife and her family under section 500 of IPC before magistrate court
you can also file civil suit for damages
See in case FIR is registered against you then you can after charge sheet is filed can apply for discharge under section 227 Crpc or can prefer before charge sheet a quashing petition to quash the FIR against you.
For the DV case you can apply for discharge too if there are no evidence and no specific allegations as such.
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??
Regards
Hello,
You can not do anything to stop them from filing the FIR.
Everyone has the right to file an FIR, false or correct happens to be the matter of investigation.
Start collecting evidences which you can show to the court if a false case is filed against you or try and settle the dispute amicably.
Regards
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.
- 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.
- You should lodge your complaint/information in advance to police and higher official , after mentioning that you are facing threatening from your wife for implicating in false cases of dowry .
- This complaint can be filed on behalf your parent as well in detail as a sefety.
- But , before lodging the FIR under section 498A, you will be given sufficient time to clear yourself by the CWC, and on non appearance for a settlement , only FIR will be registered.
Good luck and dont forget to rating Positively.
You can seek anticipatory bail from court if you think they can file it filed FIR against you. You will be secured from arrest
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.
You can file case of criminal defamation against her family to create some pressure on them.
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.
Dear Sir,
If you anticipate them to lodge a criminal complaint against you under section 498A ipc, then on receipt of a call from police you immediately file an application seeking anticipatory bail for you and your family members after which you can challenge the false case properly in he trial proceedings.