1) if wife dies not appear in court in divorce case not engage lawyer you would be entitled to divorce
2)if closure report is filed by police court can accept the report or direct reinvestigations
3) no need to obtain bail
What to do after Final Report is filed in court in our favour?
Dear Learned Counsels, -On Nov,18 Wife filed FIR against me, father, mother and brother just after 6 Months of Marriage. -Under 498A,354(B) , 420, 323 , 504 , 506 and dowry sections. -All false charges against us -354(B) against my younger brother(22 years). -On Feb,19 Fortunately Police filed Final Report in our favour with lots of evidence(voice call, video recording WhatsApp messages and hotel receipt) attached against wife. She had not produced any single evidence against us. On Oct,19 Divorce has been filed. But after one date of mediation in court on Jan 19. Wife demanded more money. On the second mediation in court, the wife doesn't arrive. What to do so that they don't show fear about the fake case? What can a wife do against us now in court? She has to do 'bayaan' in court. Can we take bail just to linger on the case? Which kind of Bail and from which court? Because they are saying they will close the case only after divorce, not before which sounds like more risk and blackmail after divorce to get more money. Eagerly awaiting your valuable feedback. Many Thanks & regards,
Asked 6 years ago in Family Law
Religion: Hindu
13 Answers
Police has already submitted FR. So no fresh criminal case on same grounds. She can only file protest petition in court against FR.
Filing false case is ground of divorce. Apply for divorce. NO bail require.
Case is almost close. Don`t bother, just record their threats of filing false cases and demand of money. Good evidence of your innocence.
Your case will be decided by the court according to the final report filed by the police get relaxed and wait for the judgement
A final report has been filed in the case hence there will be no fir and hence no bail has to be taken.
Divorce has been filed hence try to present evidence as soon as possible so that the divorce is final.
1. If in the mediation wife does not participate which is not compulsory either then mediation would fail.
2' In that case the trial of the suit would proceed and the court on weighing respective evidences would pass the final verdict.
3. If charge sheet is submitted then the trial of the case would start and you need nott ake any bail if already taken.
If final report is filed in your favour it is a good case that you can file discharge on that basis in trial court or get the trial completed and yourself acquitted in the s same
Since the police has submitted the report in your favor you may not worry about it.
You can refuse to pay any money to her and do not budge to her pressure for the sake of closing the case.
Let she do whatever she can do, since the investigation report is in yor favor, her case will not stand and she may not be able to successfully prosecute the case.
The case will be dismissed for not able to prove the case beyond doubt,.
Dont go for bail so soon.
Dear Sir,
After final report submitted by police, you are suggested to file criminal case of defamation and compensation against your wife and her relatives who aided her in false case. Also file case under section 3/4 of dowry protection act for her declaration of giving dowry. This will create a pressure on her to reduce the settlement amount. If she doesn't come for mediation, contest the case on ground of cruelty. The police report will be of help in this case.
1. Your wife as complainant can file a protest petition against the final report filed by police. Magistrate can quash the final report and summon the accused on the basis of protest petition by the complainant.
2. There is no question of bail now unless you are summoned as an accused.
3. If protest petition is filed then contest it fittingly.
See if final report is submitted in your favor and the court may accept same.
She cannot file fresh criminal case on same set of facts though in final report she can file protest and can seek reinvestigation.
Further you can file divorce on ground of cruelty no bail is required .
If wife does not appear and tries to protract the case on some reason or the other, court will grant divorce.
Since report is filed and nothing is proved against you people, no need to take Bail.
1. Apply for copy of final report submitted by police in court.
2. She can file protest petition against you for make it a criminal complaint case.
3. No need to take bail until court summons you for appearance.
4. Ask her to go for mutual consent divorce in which she gives statement for withdrawal of all cases against you.
After filing final report it is better you have to wait for final judgement or you can file Discharge petition Under Criminal Procedure Code. 1973 (for short Cr. P.C) 'Discharge' application is the remedy provided to the person who has been charged maliciously. If the false allegations have been made against him, he can file an application for discharge.
