My wife gave a complaint in women cell on 3 rd May which did not have any serious allegations as she did not consult her lawyer , but on 18th may she gave her second complaint in women cell. With all the false serious allegations like dowry demand mental and physical torture etc.. now the police as lodged the f.i.r. On second complaint . I mean how is it possible , as first notice sent to me was for complaint regarding 3 rd may , all the statements I have given are in context with the complaint of 3rd may . Even through rti I have taken the copy of complaint of 3rd may . Then how can they file an f.i.r. On an second complaint ? That is a mere afterthought . What should I do ?
Asked 2 years ago in Family Law from New Delhi, Delhi
You should deny the false and baseless allegations made in second complaint
2) obtain AB from sessions court
3) point out that first complaint did not mention about physical and mental torture suffered by wife and that second complaint is a after thought
4) contest false case on merits
Without delay file an anticipatory bail and mention these facts in your AB application. Most possibly your application will be allowed. Kindly feel free to speak with my office for free consultation on topic.
Since the FIR had not been lodged on the basis of the first complaint she could file a second complaint which resulted in the registration of FIR. Two complaints by her in quick succession can only help you if there is divergence in the allegations mentioned in both the complaints. As the FIR has been lodged you should apply for and obtain anticipatory bail and then contest the case on merits.
I have applied for AB and got a 5 day notice from court . Now my question is can we take action against the police for filling F.I.R. On the second complaint ? And I have all the recordings of my wife in which she admitted before an ngo that no dowry demand no physical or mental torture has been done to her .will it be valuable? Plus she threats me that I will not give you divorce anytime soon . What can we do for that? And if she asks for maintenance, will it be calculated on my income or family income ? My FIL THREATS me that he will take all my fathers property, is it possible?she is 6 months pregnant, will I be bound for this in any kind of responsibility through court ?
Asked 2 years ago
Audio recordings are admissible in evidence
2) wife has no share in your family income or any property of your family
3) maintenance will depend upon your income
4) you cannot take action against police for filing FIR against you