Dear Client,
1. Possible Cases in the FIR: If your wife has filed a complaint, commonplace charges underneath the FIR can also consist of domestic violence (Section 498A of the IPC), dowry harassment, and likely physical assault. The unique sections will depend upon her allegations and the evidence she affords.
2. Strength of Your Case: Proof of your final conversation where she expressed a preference to retain the connection can be useful. It can suggest that the allegations of abuse or violence won't align with her previous stance, probably weakening her case.
3. Mental Harassment: While'mental harassment' in step with se isn't a standalone offence inside the penal code, it's often taken into consideration beneath domestic violence or cruelty (Section 498A). If she accuses you of mental harassment, you need to reveal that no dowry demands have been made. Statements by way of your mother, while not the best, no longer commonly meet the felony general for harassment unless they were abusive or threatening.
4. FIR Quashing: The High Court quashes FIRs in the event that they discover the criticism lacks substance or is frivolous. It appears to be prima facie evidence of abuse of the legal method. Quashing differs from an ordeal in that it prevents useless litigation if the FIR is baseless.
5. False Accusations Against Family: If family members are wrongly implicated, they are able to seek to have their names eliminated from the FIR. Post-acquittal or quashing, they are probably able to record a defamation suit against her for fake allegations.
6. Stridhan Claims: To deal with the fake claims of Stridhan, accumulate and publish any evidence of her ownership of these gadgets. This may want to encompass pictures, receipts, or written communication indicating that she has them.
7. WhatsApp Evidence: If she documented her circle of relatives' court cases about your own family in WhatsApp messages, it may be used as evidence. To counter, offer evidence showing a different narrative, inclusive of messages showing goodwill or agreements on different problems.
8. Monetary Extraction Admission: If she admits throughout CAW periods that the criticism is to extract cash, record or file this admission. This could be pivotal in discrediting her claims and demonstrating a malafide purpose.
9. DV Complaint with the Aid of Mother: Your mom can record a DV complaint against your spouse if she experienced abuse or harassment. This should encompass intellectual or emotional abuse at some point in your spouse’s stay, highlighting that harassment is not one-sided.