Legal Question in Criminal Law in India

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

Asked on 3/19/12, 9:38 pm

3 Answers from Attorneys

Santosh Goswami,Advocate sure shot legal

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No, only the complaint lodged by the firs wife can not be the basis of conviction now. New set of events must be there. But the earlier complaint goes onto establish you nature and conduct and that can affect you.For more you can contact me at 919555462995

Answered on 3/19/12, 10:19 pm

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RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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have u been divorced by the first wife or you married during the continuance of first marriage. in case the second wife has no concrete evidence, she may not succeed in her motive.

Answered on 3/19/12, 11:59 pm

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