You can file it once you get accquital in the said cases.
Abduction will not be proved against a mother untill she had contempted court order of custody in your favour
IPC 209
Sir, I got married in January 2015 and got separated in January 2016 and we have a baby boy. She filled 498a & DVC on 10No's of my family and MC cases in 2017 on me through misusing the police power of her DSP uncle. Later, I have filed for Divorce in 2018. In MC she applied for interim maintenance and got Rs 10K per month. Later as per discussions held with elders, we started marriage life again in August 2021. Again she started quarreling with me and left me on January 2022 and she was 4 months pregnant when she left. Then she filed again 498a and IPC 307 on me. When Police sent her to check up at Govt Hospital for filling the Charge sheet it was found that she has no physical injuries and that the baby is in good health. With the wound certificate, I went to the High court for relief, and the high court has given a stay in all proceedings in IPC 307 case and also dispensed the appearance of 9 petitioners (except me) in 498a and DVC cases. Later she aborted the child without informing me which she agreed while divorce proceedings during her witness examination. I was paying interim maintenance Rs 10K regularly up to August 2021. Later when we started martial life together I did not pay her any amount as I am bearing all the expenses. Later when she left I started paying the maintenance amount from February 2022 onwards. Now she filed a criminal petition in court stating that I haven't paid a single rupee for the last year and added our office manager as respondent/Garinshee for defaming in office. During the last year, I have paid the amount for six months, and remaining six months she is living with me. Now my questions are: 1. Can I file IPC 209 or any other criminal cases on my wife for making false claims and defaming me in office? (Regarding nonpayment of maintenance amount). 2. Can I file a case against my wife for aborting a child in the fifth month without my consent? If so please tell me the section under which I can file the case so that I can file a private complaint if the police do not register the case. 3. Any other cases I can file on her for teaching her lesson for filling so many false cases on me and my family members?
Asked 3 years ago in Family Law
Religion: Hindu
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9 Answers
1. If she has filed a collection petition you have to file a counter containing your objections to it for the reasons you may rely upon and not any other petition from your side without any valid reason.
2. No such provision in law to take action against her for aborting the child without your consent, but you can add this as another reason for cruelty.
3. You can consult your advocate who may suggest you any steps as per prevailing circumstances.
You can file case under section 500 of IPC for defamation for maligning your reputation
2) wife does not need your consent to abort the child
A complaint under Section 209 can be filed after her claim is dismissed by Court on merit. Under Section 2 (2) (i) MTPA pregnancy may be terminated within five weeks if the continuance of the pregnancy would involve a risk to the life of the pregnant woman or of grave injury to her physical or mental health; or there is a substantial risk that if the child were born, it would suffer from any serious physical or mental abnormality. You can ascertain for what reason she terminated pregnancy for hospital by filing RTI and proceed against her if there is something wrong on her part.
Dear client,
You may file criminal and civil defamation cases as well as claim damages under the pretext of a false 498a case, ruled in your favor and which amounts to malicious prosecution.
You can file charges under various sections of IPC depending on facts, complaints may include 209, 211, and 193 as well as any or all offenses under IPC as well as Malicious and Vexatious Prosecution.
A woman's decision to undergo an abortion without the husband's consent amounts to cruelty, therefore not informing the husband before termination of pregnancy amount to cruelty by not sharing her abortion plans with him, allegedly abusing him and her in-laws, and filing harassment complaints against them.
Thank you.
1. Yes, you can move an application before the same court under section 340 of CrPc for giving false information and claim before the court , and further can lodge a compliant against her for criminal defamation
2. As per Supreme Court , the consent of husband is not needed for abortion , however husband can file a compliant on the ground of cruelty .
3. Your mother being a woman , can file a compliant under the provision of DV Act against the harassment of her daughter-in-law .
My wife filed a Maintenance Case in July’18 for her and our son. Later she applied for Interim maintenance and court-ordered (dated July’19) Rs 10,000/- for from the date filling. Later my wife filed CRLMP for arrears in Oct’19 for the period (July’18 to Oct’19) for an amount of Rs 1,60,000/-. However, I paid Rs 80,000/- in that period. However, that petition was not heard till now. From the order date, I started paying regularly Rs 10,000/-. Later during the covid period from Mar’20 to Sept’20, I was unable to pay Rs 70,000/- due to health issues and other. Later I started paying regularly. She did not file any petition at that time and also later within a one-year time limit period. Later with the mediation of elders, my wife came back to my home in Sep’21 and lived with me up to Jan’22. Later she filed cases (IPC 307, 498a, etc., for which I got stay orders in the high court). As she was with me, I didn’t pay the Rs 10,000/- for five months. Later I started paying regularly. Now, in Aug’22, she filled another CRMLP referring old CRLMP filed in Oct’19 asking for arrears of Rs 2,60,000/- stating that I have paid a single rupee for the last 11 months (i.e Rs 1,10,000+ Rs 70,000+ Rs 80,000/-). So, I am thinking of the following three points as per my understanding with discussion with our lawyers. 1. As for Rs 80,000/- as she filed an old crlmp in oct’19, I think I have to pay. 2. Regarding Rs 70,000/- which did not pay during the covid period I think it is beyond the limitation period of one year as she filled for arrears in Aug’22. So, I think I need not pay. 3. Regarding Rs 1,10,000/-, since she was with me for five months (all expenses incurred by me), and for the remaining period no dues. So, I think I need not pay Overall I think I need to pay Rs 80,000/- only. If any corrections, please tell me. Please suggest and cite any orders of high courts regarding the limitation of one year in interim maintenance arrears regarding point no:2.
Asked 3 years ago
section (3) of Section 125 CrPC reads thus : "Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due
2) Liability to pay maintenance is a continuing liability
3) Poongodi v. Thangavel, (2013) 10 SCC 618, it was held that the first proviso to Section 125(3) does not create any bar or fetter on claiming arrears of maintenance and it neither extinguishes not limits entitlement to arrears of maintenance.
4) you are liable to pay not only Rs 80,000 but also Rs 70000 which you did not pay during covid period
Since she has filed a petition seeking arrears of maintenance amount, you can file a counter objection to her petition and also file a calculation memo giving the details of payment made so far.
Let the court decide on it.
In the meantime you continue to pay the monthly maintenance amount regularly.
Yes