Legal Question in Criminal Law in India

Re : investigation

Sir, my question is that the wife filed a cr case in place ''a'' in 2005 and another in place ''b'' in 2008 on the same subject matter. The husband got bail in both the places. In place ''a'' the matter was compromised and petition filed before the cjm but no order was passed. Then she stayed with the husband for few months in place ''b'' and then she left and filed petition before cjm in place ''a'' for cancellation for bail, objection is filed and now fixed for hearing. Charge sheet is already filed in place ''a'' and investigation is under process in place ''b''. Kindly help me in this regard as my wife is harassing and blackmailing me by leveling false allegations. I want to file case against my wife, please let me know the sections so that i and my family can live in peace.

Thanks in advance


Asked on 2/21/09, 1:44 pm

4 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Re : investigation

You have not disclosed sufficient facts giving any cause of action for filing a case against your wife. Your statement does not disclose the allegations levelled by your wife and any material with you which may establish that these allegations are 'false'.

Both the complaints apparently relate to different durations when your wife had been allegedly suffering cruelty / violence while living with you. There is a possibility that both the cases may continue at two respective places; if your bail is cancelled, you may go to jail.

A better way to live in peace may be either you seek forgiveness of your wife and bring her back to the matrimonial home; or reach an amicable out of court settlement to her satisfaction.

If you continue with your false male ego, the possibility of your landing up in jail cannot be ruled out. Your filing a case against your wife may further complicate your problems. You may have due considerations for your time, money and efforts; The litigation may end up in uncertain results which may at times be more painful than 'give and take' in negotiations for mutual settlement.

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Answered on 2/21/09, 4:44 pm
pramod kumarojha advocatepramodkumarojha

Re: Re : investigation

A case can be filed against the wife.But you have not mention the entire fact of the case i.e.under which section the first case was lodged and another also.so please write details so that an appropriate advice will give.

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Answered on 2/21/09, 11:48 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: Re : investigation

You have neither specified the sections or allegations on which you have been prosecuted by your wife.

For any criminal action against your wife, there has to be either a false prosecution by her or she should have committed an offence defined by law.

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Answered on 2/22/09, 12:45 am
Pranav Desai PD Legal & Associates

Re: Re : investigation

Your query is not very clear as to the allegation levelled by your wife in the complaints in place "a" and "b". You may be able to file a criminal complaint against your wife only if she has committed some offence under the IPC and not just because she has filed a case against you.

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Answered on 2/22/09, 1:07 am


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