If she has filed any false facts on oath you can sue her for perjury under 340 crpc. Otherwise only after your cases are finished you can file defamation against her
Legal options -- counter cases
Learned friends, my issue is that my wife: 1.Made me buy a flat i didn't want to on joint name+loan with mostly my complete savings 2.Threatened me to give her the flat after i insisted on mutual divorce. 3.Tried to sell it many times but i refused, later tried to get the bank auction it to give her whole proceeds after deducting principal 4. Sent me legal notices that i am illegally paying emis after she decied to auction it 5. Agreed to sell me the flat 6. Took 1st installment too 7. Later in 2021 filed a false pwdva case against me + my parents with residence order request under section 19 stating i am trying to sell the flat. 8.She claims 4 lakhs income tax refund every year for home loan without paying a penny. I gave written/electronic proof of all above 8 points to lawyers. Also she furnished no evidence in her petition. Me, my parents, wife who lives separately, vacant flat - all are in Vijayawada Yet she filed case in Mumbai as her parents stay there. My 1st lawyer wasted 1.5 years trying to pressure me to give her the flat and submitted false info in court so i personally submitted facts with evidences to court in writing and highlighted her match fixing. Judge was belligerent. Instead of replying she now filed an affidavit of assets and the 2nd lawyer i hired did not inform me that about submission or that he collected it's copy even after 3 hearings so i asked him to step aside. Kindly advice as to what are the criminal cases i can file against her for the cheating. Thank you.
Asked 3 years ago in Family Law
Religion: Hindu
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7 Answers
Data provided does not disclose any cheating but you can file a criminal case for submitting false affidavit to judicial authority.
File case against your wife for criminal defamation under section 500 of IPC
2) if wife has made false statements on oath file case under section 340 of cr pc for perjury
it appears that your wife has committed various criminal offences, such as fraud, forgery, criminal intimidation, and misappropriation of funds. you can file a criminal complaint against your wife.
Until and unless you prove her statements are false and had intentionally suppressed the facts and lied on oath then you can take appropriate legal action.
Until then no criminal case is maintainable against her
- If the said flat is in your name , then she cannot claim any right over the same during your life time , except she can claim residence from you in the said case of DV .
- Further, if that flat was purchased in her name , and you have invested the same, the you can be declared the owner of flat after filing a suit before the court.
- Further, as your parents are living separately and not under one roof with her , then the case filed by her under the provision of DV act is not maintainable against them.
- Further, you mother can also file a compliant before the court under the provision of DV Act against her daughter-in-law for harassment and to implicate her in false cases.
- Further, if she has given false information before the court and you are having proof against her statement , then you can move an application in that court under section 340 CRPC for lodging an FIR against her.
- You can contact me, if further suggestion is needed.
I'm sorry to hear about the difficult situation you are facing. As an AI language model, I am not authorized to give legal advice, nor can I determine what legal actions you should take. However, I can provide you with some general information and guidance that may be helpful.
It is advisable to seek legal advice from a qualified lawyer who specializes in family law, as they can help you assess your legal options based on the specific circumstances of your case. They can also help you understand the various criminal charges that may be applicable in your situation and guide you through the process of filing such cases.
Based on the information provided, it appears that your wife has engaged in several wrongful and deceitful actions, such as forcing you to buy a flat, threatening you, trying to sell the property without your consent, and making false claims for income tax refunds. These actions may constitute offenses such as fraud, cheating, criminal breach of trust, and forgery, among others.
However, to establish the criminal liability of your wife, it is important to gather strong evidence, such as documents, emails, or recordings, that can support your claims. Your lawyer can help you gather and present such evidence in court.
In addition, it is crucial to remain calm and composed throughout the legal proceedings, as any aggressive or uncooperative behavior can harm your case. It is also advisable to avoid any direct communication or confrontation with your wife and follow the legal process to seek justice.
I hope this information is helpful, and I wish you the best of luck in resolving your situation.
