Criminal Intimidation by wife and FIL
I got married in 2009 and had domestic issues with wife since beginning. We both were divorced and remarried. She filed 498a against her ex-husband. My wife did many things including throwing out my mother from home once. She informed about domestic issues to my employer, various relatives, childhood friend, neighbors etc insinuating I was violent, characterless and my mother ill treated her without any evidence. She once called police to intimidate me by saying I was beating her but when I insisted on medical test she did not file police complaint. In april this year I filed judicial separation on grounds of cruelty. One hearing has been done with both parties present. My mother also sent her notice for eviction. My FIL called my sister and asked her to take back case or they will take action. We recorded the conversation. 3 days later she filed false case of 498a against me and family. Most of stated facts are backed by evidence
Do I have sufficient grounds to file criminal intimidation, criminal conspiracy and criminal defamation against my wife and her father ??
Asked 8 months ago in Criminal Law from Noida, Uttar Pradesh
case of criminal defamation and intimidation is amde out as your wife has threateed you and maligned your reputation
1. What action have they threatened to take against you in the recorded conversation? To threaten someone that you are going to adopt your remedies under the legal framework against him does not amount to criminal intimidation.
2. Apply for anticipatory bail which is the urge of moment at this stage.
If you have a record to show police that your Father in law intimidated you, file a police complaint.
In marital dispute, defamation has to be invoked carefully as anything and everything is interpreted as cruelty by both parties when it comes to divorce in court.
You can also make an application about their threat in the court where the judicial separation case is pending .while a matter is subjudice suh behaviour from parties are not expected.
Now if th 498A FIR has been lodged take proper legal steps to defend you or necessary steps to settle the matter amicably and file a mutual consent divorce if she agrees.
Such circumstances like yours, legal battles get drags ,so don't waste life.
If opposite party co-operates settle it or else collect yourself all strength and fight to defend you and your family.
First of all you should successfully come out of the false cases filed agaisnt you.
Let she prove her cases, you defend and get acquitted.
You can then file defamation case against her
If her father has not filed any case agaisnt you then you cannot lodge any complaint agaisnt him nor any defamation case can be held maintainable agaisnt him.