Legal Question in Family Law in India
498A and 406 & restraining order
my wife had filed 7 months ago FIR against me under 498A,406. The police is still not charge sheeted me and my mother even after 7 months..... does this mean the F''IR has lapsed or should I approach the high court to squash the FIR on grounds of delay and false case.
Can restraining order be abtained from a family court against my wife under section 7 or any other section. if so can u please send me some rulings in this favour.
5 Answers from Attorneys
Re: 498A and 406 & restraining order
FIR does not lapsed due to delay in filing charge sheet or final report.Delay does not entitle you to seek quashing by HC.You can apply in family court for restrain order against your wife.
Re: 498A and 406 & restraining order
You can apply in family court for restrain order against your wife.FIR does not lapse on the basis of delayed chargesheet.
Re: 498A and 406 & restraining order
its not the ground for quashing. any way you can seek anticipatory bail.
Re: 498A and 406 & restraining order
First of all let me tell you that the FIR does not lapse due to the delay in final report/charge sheet.You can move a application in family court for restrain order against your wife.
Re: 498A and 406 & restraining order
No. The delay does not mean that you are absolved. the ground given by you are not sufficient to seek quashing of FIR
You should better try to reach a settlement with your wife.
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