Legal Question in Family Law in India

hi, one of my friend was arrested under section 498(a) under false allegations, during the trial, his wife was shattered in cross. his lawyer could very easily proved that his wife has made a false allegations against him and his parents. The JFMC court acquitted him and his family from 498(a). 7-8 months before.

REASONS FOR DISPUTE - THIS WAS HIS SECOND MARRIAGE WITH THIS LADY WHO FILED 498(A). MY FRIENDS WAS A DIVORCEE BEFORE GETTING MARRIED WITH THIS LADY. HE HAD A GIRL CHILD FROM HIS FIRST MARRIAGE. HE IS TAKING CARE OF ALL HER SCHOOLING, MEDICAL AND OTHER EXPENSES.

BEFORE GETTING MARRIED FOR THE SECOND TIME, MY FRIEND TOLD ALL THIS FACTS TO HIS SECOND WOULD BE WIFE AND HER PARENTS AND THEY ALL AGREED FOR THIS AND THEY SAID THEY HAVE NO PROBLEM AND SHE TOO WILL TAKE GOOD CARE OF THE DAUGHTER, SO THEY GOT MARRIED. SE CLAIMED SHE TOO WAS A DIVORCEE, BUT she cheated him and got married. her first marriage was still into existence, still she got married.

Immediately after one weeks of marriage, she started fighting with my friend saying that she don't want his daughter in her house, and started demanding that he should not pay any school fees, nor any kind of medical expenses, and he should remove his daughters name from convent school and put her in corporation marathi school, or put her in some asylum and all. My friend disagreed on all this.

So his wife and her parents started fighting with him and his parents and started saying that either they want wife or daugter, and he wants his daughter, then they will file wrong dowry case against him and his family. they started threatening him and his family. So my friend gave a complaint in pune commisioner office - mahila sahayak kendra, but all the officers over there were ladies and they dint help my friend on this account.

His wife left his house and went to her paternal home, while leaving his house she messaged him that SHE IS LEAVING PUNE, BYE.

She filed 498(a), 504,506,36 against him and his parents saying that they drove her out of the house and demanded 5 lakh as well.

In the mean time my friend filed a case for NULL AND VOID IN FAMILY COURT, against her and his marriage was declared null and void by the family court.

In the 498 trial, she confessed that she used to fight with my friend on account of his daughter and as well as she confessed that she left the house and she was not driven out of the house.

Now the case was crystal clear, and so the JFMC court acquitted him and his parents from 498(a).

Its almost 12 months passed for this order and she has not gone in appeal. now my FRIEND WANTS TO FILE DEFAMATION CIVIL AND CRIMINAL CASE AGAINST HER AND HER PARENTS.

SO KINDLY ASSIST AND HOW TO FILE UNDER WHICH SECTION / PROVISION.

REGARDS

Now my friend wants to put a civil and criminal case against his wife and her parents. i.e DEFAMATION AS CIVIL AND CRIMINAL ----.

In her statement she said that her husband and his parents drove her out of the house and demanded 5 Lakhs

Kindly assist with your expert opinion.


Asked on 2/12/14, 9:13 pm

1 Answer from Attorneys

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Answered on 2/19/14, 7:56 am


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