• 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 am suspicious that they will also file false 498a on me. What should I do?
Asked 6 years ago in Family Law
Religion: Hindu

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13 Answers

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

Apply for anticipatory bail, it can be file before FIR lodge.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

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 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

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. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 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??

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 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

- 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.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

You can seek anticipatory bail from court if you think they can file it filed FIR against you. You will be secured from arrest

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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. 

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

Dear Sir,

  1. Safeguard yourself, your parents and your relatives.
    1) Be very polite in all circumstances. Record all conversations (voice, chat, email, letters, etc.) with those threatening and keep the originals in a safe place. Never produce the originals before anyone, not even before your lawyer. You can buy Olympus W-10 voice recorder, which costs about Rs.4500. You can also buy a telephone recorder.
    2) Write a complaint to your nearest police station, detailing about blackmailing, her false allegations and her unscrupulous behavior. And request in your complaint to make her stop the threats and abuses immediately. 
    3) File RCR (Restitution of Conjugal Rights). Remember to include conditions that she should agree on before she starts living with you again. 
    4) Collect evidence to prove that you have neither demanded dowry or have taken it anytime.
    5) Collect evidence to prove that she moved out of the bond of marriage for no apparent reason.
    6) If she does not already know, make sure that she does not come to know that any of your family members is an NRI. 
    7) Don't remain home during weekends and holidays. Have proofs of where you were. For instance, if you were in a mall, have a credit card transaction in that mall and keep the copy of that transaction. 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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.

 

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

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