You need not to worry about this this is very common in estate you can also go to the police station of your area and file complaint under Section 498 a of IPC and Domestic Violence Act against the husband and his family also at the same time you can file a Restoration of conjugal right petition in the court as the divorce petition is still pending and in case your sister is not working you can file a maintenance case under section 125 CrPC for the maintenance and legal expenses of your system from the husband
Husband filed false compliant against wife
My sister's divorce case is currently in the lower court since last few years. Case was filed by her husband. Few months back her brother-in-law called her and asked her to agree for mutual consent but she disagreed. As she wanted to live with her husband. Now my sister's husband had filed a false police complaint against my sister that she had went to her in-laws house and shouted at them and disrespected them. I think they are trying to harass my sister so that she will agree for mutual consent. We are worried what action the police will take on my sister. Kindly advise how to deal with this.
Asked 7 years ago in Family Law
Religion: Hindu
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11 Answers
1) your sister should deny allegations made in complaint
2) doubtful that police would file any FIR
3)your phone location would help in proving that you did not visit in laws house
1) If your sister has not went to in-laws house than need not to worry, as she can tell them its all false complaint. She provide exact date and time what they had mentioned in the complaint. and reply it accordingly.
No need to worry police cannot file FIR without investigation.
See if they have filed a police complaint then in the said case police after primary investigation can call your sister and can try settlement if not possible and if evidence against her they can register FIR though on FIR she can approach high court for quashing and furthermore in my view if the husband is not ready then there is no point in dragging the issue she can take settlement amount for maintenance and can lead her life peacefully.
Also since complaint is there she can obtain an Anticipatory bail from the session court.
It will be a non cognisable Complaint they need to Approach the court for taking any action against your sister police can't take action without courts permission
Dear Madam,
As a counter your sister may be asked to file multiple cases against her husband and his family members to bring them to terms. She may filed petition for Restitution of Conjugal Rights and it may be allowed. It appears the false case filed by husband might have been closed if not get a stay order on such investigation by approaching High Court under Section 482 of Criminal Procedure Code.
Instead your sister should file criminal complain against them,.
Hi,
You are suggested to defend all the allegations and submit your proof of defence.
Police will not take any action on this since there is a matrimonial case pending before court.
They may just enquire and leave them with a statement to close the complaint.
Dear Sir,
File a dowry case u/s 498a against her husband and in-laws. And also file Domestic Violence case and ask for maintenance.
