Legal Question in Criminal Law in India

Sorry kindly ignore the earlier question. This is the latest

First wife files and obtains ex-parte divorce decree after falsely complaining of wife beating, MENTAL harassment. Second wife is aware of first wife�s complaint and takes advantage by filing false complaint with police of MENTAL harassment, beating by husband.

1.Can the police arrest the husband merely based on second wife�s complaint who uses first wife�s complaint as evidence?

2.Can the court convict based on second wife�s complaint without any concrete evidence based on probability or does it look for hard core evidence of harassment against the second wife?

3.What kind of proof is required to prove MENTAL harassment or can one be convicted without proof?


Asked on 3/19/12, 9:44 pm

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

2nd wife can only substantiate her allegation by showing the earlier complaint but she has prove the specific incidents herself. circumstantial evidence is enough in such cases and strict proof may not be required.

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Answered on 3/20/12, 12:01 am
Shrichand Nahar S.V.Nahar, Advocate

1. May be.

2. May be.

3. As per sections applied.

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Answered on 4/03/12, 9:38 pm


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