Legal Question in Criminal Law in India
Can wife be one of the petitioners in high court for quashing chargesheet filed in 498a and 406 ... kindly do tell ... in south india in many cases i have seen wife is one of the petitioners but in north india have not yet seen same ... kindly inform
thnx
4 Answers from Attorneys
what do u mean by wife? make clear your question. from where r u in north India, you may contact me direct on my cell phn
It is only the husband who files the petition for quashing before the High Court as the wife is the complainant but wife is going to be a respondent in the same petition.
the petition for quashing can also be filed on behalf of both, the husband and wife arraying them as Petitioner No. 1 and 2 and impleading state as respondent. in north india as well, this practise is prevalent. after the divorce by mutual consent or compromise for restitution, both the husband and wife can present a joint petition.
i agree with suggestion given by Mr. Rajiv Gupta that the wife can be one of the petitioners.
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