• False dowry complaint

Hi.. Me and my family got arrested in dowry case. And we proved it's a false complaint. I have a female child. What's the step i can take bring my child under my custody or what are the laws favourable to me under this situation. Shall i file case against police officer or file case against wife or any other way. My wife is working. And i have domestic violence case against me, what'll be the result of this case since dowry case is false complaint.

Thanks
Asked 1 year ago in Criminal Law from Kurnool, Andhra Pradesh
Religion: Hindu
1. It is not clear whether the 498A is proved to be false against you and you are acquitted of offence.
2. If the final decision after trial is passed in that case then you can file case of malicious prosecution against your wife. However no action will lie again the Police officers. Otherwise all the police officers will be put behind the bars wherein the accused persons are acquitted of the offence.
3. The acquittal of the 498A case will have bearing on the DV case if the contents of allegations in both the cases are materially similar.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
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Hi
1. You can approach the magistrate court for action on false prosecution if you are acquitted.
 
A complaint can be made to the Police officer to whom false complaint has been made, or complaint may be made to an authority higher to the concerned Police officer, and the concerned Police officer or the higher authority, is empowered to file the case in the Magistrates Court against the person who has made false complaint to the Police.

usually if  the offense is alleged to have committed u/s 211 of IPC, but the matter did not reached the Court of law for trial and proceedings / investigation terminated, then, a direct Complaint u/s 2006 or Application u/s 156(3)6 of CrPC, 1973, can be made before the Magistrates court concerned against those persons who have made false charge of offense. 
 section 182 and 211 preferably be initiated  if  the trial Court has discharged all the Accused (you ,your family )has acquitted the Accused, and no Appeal is preferred against the acquittal, within the period as per /sections  467 to 473 of CrPC, 1973.(the time limitation for initiating such steps)

if in pursuance to said false complaint, criminal proceedings before the Magistrates Court / Sessions Court have been initiated, then, an Application5 u/s 340 read with section 195 of CrPC 1973, may be preferred before the said Magistrate / Sessions court, against those persons, praying therein for Magistrates / Sessions court to refer the said offence of false accusation to the appropriate / competent Magistrate Court of jurisdiction.
 
2. You can fileivil Suit for damages for “defamation”  or “malicious prosecution” may be filed in the District Court  or in City Civil Court or in the High Court of original jurisdiction, and seek monetary compensation/damages
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Hello,
1) You can file a case in the family court seeking permanent custody of the child. If the child is below 5 years you may only be able to secure visitation rights. No case lies against the police officer as he was acting on complaints received.

2) There's no direct bearing of the dowry harassment case on the domestic violence case.
However while contesting the DV case you can bring before the court the details of the dowry harassment outcome.

3) It is pertinent to know how you proved your innocence in the dowry case. Were you acquitted? If the answer is yes it will be a great boost to your DV case trial.
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
5.0 on 5.0
To apply for the custody move an application before the family/distinct court of  your appropriate jurisdiction,  
The custody is allowed based on the conditions of the parties involved and for the paramount welfare of the child.
If the child is above 5 years old , there is more chance 
You will have to convince the court why the child wlll be better taken cared with you and under your custody.
The evidence  you can bring is her  behavior and treatment with the child, whether she is not a caring mother,,
 if any mental illness like, bipolar or depression, physically incompetent, staying alone, the nature of her job , her relationship with any other man etc .

in short you need to convince the court that you are abetter parent than her. Earnings are not criteria as a father you are supposed to provide the maintenance to the child. 
Since the dowry harassment has been proved false, you can take defense on that basis 
she is working and capable of maintaining her and does not deserve maintenance.so this can be another defense
maintenance for the hcild will be ordered along with the other reliefs if not defended with proper evidence.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1. Till the age of 5 years, mother is the natural guardian of the child,

2. You can file a child custody case on the ground of child's welfare after his.her completion of 5 years of age,

3. You shall have to contest the DV case filed by you and prove that the allegations leveled by her are false.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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as per your information that you proved that dowry case was false, if court pass an acquittal order and you want to take action against police or your wife then you may file a complaint against the police official u/s 166A of IPC and against your wife u/s 182 of IPC before criminal court.

you may file a child custody case before district court where the child was ordinary residing under Guardian & Wards Act.

Feel Free to Call 
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
You say that the dowry case is false, whether the court has decided it to be false and acquitted you all?
If acquitted, the judgement in this case will help you win the DV case too. 
For taking your child into your custody you may file a case  under the guardian and wards act for custody of child.
If her case has been proved to be false, you are entitled to file a case against the  concerned police for malicious prosecution  also. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
1. To get your female child you are required to file a case for child custody, which will be decided on the touchstone of welfare of child.

2. The favourable finding recorded by the court in dowry case will offer you limited help in the child custody case.

3. Nobody can foretell what the result of the case would be. 

4. No case can be filed against the police officer except if you can prove that he acted in cahoots with your wife.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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For an appeal against the DV judgement in maintenance you can prefer the same within the district court of the JM's court jurisdiction and not at your place.
For malicious prosecution, you have to wait for the outcome of the pending criminal case.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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1. No permission is required to be obtained before arresting excepting if a stay has been ordered by the court.

2. The appeal is to be filed in the court which has the jurisdiction to hear the appeal from the decision of the court which has passed the order. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1. You should certainly appeal against the said impugned order of the lower court before the District Court,

2. Since she is already earning Rs.25 K she is capable of maintaining herself and is not entitled to any mount from her husband for her maintenance,

3. It will be prudent on your part to file the appeal before the District Court of the district where the DV case was filed since otherwise, she will e able to get  the appeal transferred to her District Court for which your valuable time to get justice will be lost.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0

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