• Complaint of 498a and DV

Please help me my wife complaints against me nd my mother and father for demanding dowry and puts a false allegation against my father and against me..I file section 9 against her but she did not appear on ist date.Now in women cell inlaws demanding of Rs 18 lacs just  after first counselling..can I lodge a police complaint against in laws for blackmailing me.also my wife skip the pregnancy.can i complaint under ipc 312 for this.Her father is a police inspector in chandigarh police. He interfere in the women cell nd try his best for FIR against me...
Asked 2 years ago in Criminal Law from Anandpur sahib, Punjab
Religion: Sikh
YES, you have clear grounds of getting an easy Divorce, withdraw your complaint of HMA9 and file a divorce case on the grounds of cruelty, terminating pregnancy without your knowledge and filing a false 498A. Meanwhile also take Anticipatory bail or Stay on arrest (which ever applicable). Yes you can file complaint of Blackmailing and for termination of pregnancy (complaint will be lodged but you may not have better chances in court as it is established that husband's approval may not be necessary for termination of pregnancy).
Atulay Nehra
Advocate, Noida
877 Answers
30 Consultations

4.7 on 5.0

Dear Querist
First of all try to settled the matter amicably if not possible then apply for anticipatory bail before session court or High Court under section 438 of Cr.P.C. and fight the case on merit.

you may also file a complaint before S.S.P. regarding her father's interference if he do.

You can not file complaint for blackmailing only on the demanding 18 lacs before Women Cell 
but you may file a criminal complaint for skip/abort the pregnancy u/s 312/313 of IPC.

Feel Free to Call for further assistance.
Nadeem Qureshi
Advocate, New Delhi
4432 Answers
196 Consultations

4.9 on 5.0

1. Till such time that you are declared not guilty by the court you cannot file a case for damages against your wife.

2. There is no legal provision which provides for prosecution for 'blackmailing'.

3. You can file a case as she terminated her pregnancy without your consent.

4. Since her father is doing his best to get the FIR registered you should seek anticipatory bail to preempt your surprise arrest.
Ashish Davessar
Advocate, Jaipur
21674 Answers
589 Consultations

5.0 on 5.0

apply for anticipatory bail before session court or High Court under section 438 of Cr.P.C. and fight the case on merit.

you may also file a complaint before S.S.P. regarding her father's interference if he do.
Nadeem Qureshi
Advocate, New Delhi
4432 Answers
196 Consultations

4.9 on 5.0

This dowry demand and subsequent false police complaint have become common these days.  Due to their incompatibility to adjust and live with their husbands, the women nowadays use this tool to pressurise the husbands and to make remain in their control forever. Any resistance by the husband will result into such undesirable antisocial events like false dowry harassment cases and domestic violence case by impleading every one of the ir family as well. to put more pressure n them to extort money .

Well, the matrimonial disputes and remand there on are not very serious offence likely to affect government  or corporate sector employment until there is a conviction by a court of law after finding the employee guilty.
Her father at the maximum pressurise police to make arrest and he cannot dominate beyond that.  He cannot prevail in the court proceedings. Hence need not worry about this to this extent.  Engage a good lawyer and proceed accordingly as per his advise and guidance. 
T Kalaiselvan
Advocate, Vellore
27609 Answers
287 Consultations

5.0 on 5.0

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