Dear Querist, 

Way out from such unecessary litigation is to file a petition under section 482 of the Cr.Pc for the quashing of the complaint/F.I.R lodged against you without any substantial grounds. It can be quashed with the proper presentation of the circumstances in which these complaints are lodged just to harass the accused(you). According to me, after getting the complaint quashed you should file a defamation suit.

As asked, the next steps you should follow are:

1. Filing a quahing petition of the complaint/F.I.R 

2. After the quash, filing a suit for harassment and defamation. 

 hope this solves your query. 

You can contact me for filing the quashing petition and defamation suit. 

Regards, 

YUGANSHU SHARMA 

ADVOCATE 

The person who files a false complaint with the police against someone can be held guilty under Sec 182 & 211 of IPC.

There are situations where a person knowingly facilitates false information to public servants causing wrongful loss to others. Section 182, IPC has prescribed punishment where a person maliciously furnishes false information to a public servant.

SECTION 211, IPC: False charge of offence made with intent to injure.—Whoev­er, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; and if such criminal proceeding be instituted on a false charge of an offence punishable with death, 1[imprisonment for life], or imprisonment for seven years or upwards, shall be punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

So, you should consider filing a counter  complaint  with the police officer with whom such complaint has been lodged or to his Senior police officer, who is empowered file a case against your ex wife for providing false and concocted information to the police.

You can also consider filing a petition under section 482 CRPC but it it should only be done, once the FIR is lodged. Filing a petition for quashing in high court under the above mentioned section without any formal FIR would not be of any use to you. In case there is no FIR lodged by the police against your parents or yourself, there is no need to file quashing petition.

Once her case are closed as false, you can file a suit for malicious prosecution against her and claim damages from her. Simultaneously you can also file a complaint against her for criminal defamation.

File private complaint before magistrate against your wife for criminal defamation under section 500 of IPC for maligning your reputation 

Dear Concern,

Please note - 

01. The moment you have been divorced from your wife then you are free from all such cases which could have arisen out of the dispute of marriage.

Like for example you can't be dragged into the case of domestic violence or of 498A of IPC or otherwise. Exception to this case is the 'case of maintenance' which can be initiated in against you at any point of time provided your ex-wife is not well educated and earning. 

02. They have come up against you in against dowry prohibition act which is a punishable offence irrespective of the fact that whether you are still married to the concern or not. Initially she was before Police Officers with her name and now she is before Police Officers using the name of her parents. 

Law is very clear on this point that no person shall be tried twice for the same offence. So you should use this legal standing.

03. I would suggest you to come before Chandigarh High Court as you are denoting your place of complaint as Chandigarh under Writ Petition (Criminal) seeking directions for the police department of Punjab Police that they shall not try you and your parents again once they have already investigated the file and have closed it down. Further ask that you and your parents should not be harassed any further in relation to this marriage and shall not be dragged before any court of law as you are already divorced from the concern and have proven your innocence in initial police investigation which was initiated by your wife on her name itself. 

My best wishes to you.  

If the police have registered any case then your parents can file a quash petition before high court seeking to quash the false cases filed by her and her mother on various occasions.

The dismissal of her earlier complaint as well as the documentary evidences to support your pleadings are to be produced before high court in support of of the quash petition.

In the meantime you may even seek not to harass petition before high court with a direction to the concerned police about this till the disposal of the main petition pending for quash.

For any act of violence in Australia, FIR cannot file in India. Also, your paretns never resided with her in Australia, FIR will quash by High Court. 

File writ in HC for quash of FIR, till matter will decide by court, HC will stay investigation.

File a suit for damages in civil court claiming that they had given false complaint and deteriorated your reputation in before the family and public. Before that you should send a legal notice to them and to tender apology. 

You can immediately file quashing application in high court and quash the false complaint against the family

1. Both you and your ex-wife are Australian citizen but you married in India as per Indian law.

2. You have got the decree of divorce in Australia without being consented by her and such type of divorce is not accepted by Indian law.

3. So, you two are still considered as married couple in India for all practical and legal purposes.

4. You shall have to file a divorce suit in India to settle the matter for good as otherwise, she will be legally eligible to claim your inherited properties in India and also abroad in case of your demise intestate.

5.  As regards your present problem of her lodging false cases against your parents, it has to be contested fittingly at present.

6. Thereafter your mother should file a DV case against your said ex-wife alleging torture on her.

7. She can also lodge a police complaint against her and her parents alleging their regular torture on her claiming money.

See you can wait for closing of this complaint if police closes this complaint on presentation of proof then you can file a complaint against her that she is harassing time and again by filing false complaint.

Also in case police register FIR this time.immediately file quashing petition before high court and seek interim orders.

- As per law, a Mutual Consent Divorce granted by foreign Court is considered as valid, legal and binding in Indian Courts by virtue of section 13 and 14 of CPC and also on account of comity of Nations.

- Further, if the matter is contested between parties in Australian Court, and after due adjudication and trial, divorce is granted , then it will be valid and binding in India. 

- If,the matter is uncontested, one party comes back to India where marriage had taken place and contest proceedings in India, divorce as granted by US Court will not be applicable in India. 

- Further, Ex-parte decree of Divorce granted by US Court will also not be recognized by Indian Court.

- Ex-parte means , One party divorce. 

- Since you got single party divorce from the Australian Court , it means that legally she is your wife till date , and she being your legal wife is free to take any legal action against you in India. 

- Hence, for getting divorce , you should approach Indian Court (if she is in India ) , with the help of POA even . 

- Further, for the cases against your parents , they should approach High Court for quashing the FIR , if any against them, and they deserve to be free from the cases as well.

- Further, your mother being a woman , can file her complaint under the provision of Domestic violence Act  against her cruelty , and also can approach under the provision of Senior Citizen Act as well.

Good luck and dont forget to rating Positively. 

1) you can file petition in HC for quashing dowry harassment case filed by wife 

2) since your wife did not participate in divorce proceedings divorce decree would not be valid in India 

3) you can file for divorce on grounds of mental cruelty and desertion I’d wife had not stayed with you for continuous period of 2 years 

Yes as the offences are registered in India you need to file quashing in high court. Yes court will see the valid point and malafide intention of the ex wife

1.  Yes, you can file contested divorce petition in India seeking divorce on the grounds of cruelty, desertion etc. 

2. The divorce case has nothing to do with the proposed quash petition to be filed before high court seeking to quash the pending criminal case 

You may present all your grievances including the factual situation about her double standard in Australia and India in the pleadings of the quash petition s well as in the divorce petition.

1. Your parents can lodge complaint against your ex wife and her parents for making false complaint for grabbing money by blackmailing.

2. The complaint should be send to SP of Chandigarh to take action against them. 

3. No need to get divorce in India If divorce was agreement or presence of both parties in Australia.

1. If the complaint has been filed and it has either translated into FIR or court has summoned you/your family members as accused on the basis of the complaint then remedy in your hands is to immediately file a petition for quashing of FIR/summoning order in the High Court and seek stay on FIR/summoning order.

2. Complaint is not maintainable in the first place after the dissolution of marriage.

3. Since your wife signed the summons from court she cannot say that principles of natural justice were not followed. The decree is binding on her.

4. Indian courts will decide the matter on the basis of Indian laws, not Australian laws.

1. Your Divorce in Australian court is not legally valid in India. So you would have to file for divorce in India on grounds of cruelty and desertion which are valid grounds for divorce under section 13 of Hindu Marriage Act. filing of false criminal cases against husband and his family by wife constitutes to cruelty and can be used as a ground to seek divorce against the wife.

2. I would not advise you to file for quashing of complaint by her as high chances are that the police will close the case as a false one this time too. Also High Court would not any criminal complaint before the preliminary investigation is completed by the police. 

Hi

Why you are planning to file a divorce case in India???

Its a long and very harassing procedure in India for men.

Let the 6 months period of her appealing time period over in Australia till then you can complaint to Higher authorities in India against her repeated false complaints against you to extort money..like you can present your case in front of S.P of the area or can appeal to the Home Minister of the state.(If FIR is not registered against you)

Go for quashing of FIR in High Court (ofcourse if FIR is registered.)

Thanks 

1. Yes you can file a divorce in India on ground of cruelty and desertion showing the incidents of cruelty and the desertion date.

2.  In case she has filed a private complaint or FIR is registered you can file quashing before the high court.

See you can use same as valid defence and court may appreciate your ground.

1. Filing of false 498A case is considered as an act of cruelty by the wife as opined by the Apex court of India. So, you can file the divorce suit in India on the ground of desertion and cruelty.

2. If it is still at the complaint stage, you need not go for quashing it. Com,plaint can not be quashed. The FIR registered based on the said false complaint can be applied to be quashed. You can manage the local police to close the investigation with a note that the complaint is a repeat one and not true.

3 Thereafter your family members can lodge a police complaint u/s211 of IPC for lodging false complaint against then for causing damage to them.

Dear Sir,

Yes, you can file a divorce  on the grounds of  false 498 case filed by her, long separation and mental cruelty inflicted by her and her family during our marriage event.