Legal Question in Family Law in India
My cousin and his family is having issues with one of their relatives and this has turned to worse enmity.Now my cousin is working in US and he is afraid to come to India because of false cases of 498a,DV etc.
His relatives hatched a plot against him by filing an FIR against him with some party pics and religious ceremony photographs taken along with my cousin and their daughter saying that they are married and also they produces a certificate from a priest from a Hindu temple but the marriage never existed.Now without any investigation police already giving trouble to his family and no one is ready to listen.I know if they fight a case it will take long and finally my cousin will get free of all charges but this will destroy his career and the relatives get scott free.
Is this really possible for anyone to file such cases to trouble anyone in India?
4 Answers from Attorneys
as you have stated that the marriage was never solemnized and the photographs of the boy and girl were fabricated in order to look as if they are married and the certificate issued by the priest is forged. in this situation, your friend may appoint a lawyer in India and file a criminal complaint u/s 420/468/471/496 of the IPC. apart from the criminal case, a civil suit can also be filed for declaring the alleged marriage as void.
Yes it is possible in India.
i agree with Adv Gupta adding such cases are termed as harassment suits
Sir, in India the laws are made in favour of ladies but you can fight it out, firstly you can take an anticipatory Bail, You can file complaint under I.P.C for cheating, giving false evidence, and other sections, you can file a suit that thee was no such marriage at all and prove that the documents are forged or created, further you can file a defamation case and claim damages.
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