Hello All, i am a 40 yr old male, i was married 15 years ago. one year back i filed for divorce on the ground on mental cruelty. my file filed DV act, 125, 24, 26 and other cases. she also filed false police complaint that i was harassing her for dowry and demanding money and car. police investigation already done and i was come out clean. She also filed false DV case against me and my family members. my questions are... 1) can i take any legal action against my wife for false allegation and police complaints. can i file maan-haani case or any other case 2) can i get divorce on the basis of false police complaints by my wife against me.. 3) can my family members take any legal action against false DV case.
1) filing false police complaint of dowry harassment amounts to mental cruelty
2) you can file for divorce on grounds of mental cruelty as police have not found any substance in your wife complaint of dowry harassment and have exonerated you
3) as far as DV case is concerned court has not disposed of the DV case as on date .
4) you can file suit for damages against your wife for having maligned your reputation by filing false case of dowry harassment
1. You can file civil suit for damages out of malicious prosecution.
2.Yes, false complaint is good ground of divorce.
3. yes , then can also file suit for damages.
1. You should contest on merits all the cases filed by her. Once you are held not guilty by the court you and your family members can file a lawsuit against her to claim compensation for the false prosecutions launched by her.
2. Filing of false complaints is an additional ground for divorce. That you came out clean in police investigation is a ground on which you qualify to get divorce.
First i filed for divorce case then she filed false police complaint, do i have to amend my divorce petition to include this police complaint or i can make this police complaint for ground for divorce without introducing this police complaint in my divorce petition. please suggest
1) In your divorce petition you must have made averments about mental cruelty inflicted by your wife
2) you have to prove allegations made in your divorce petition for divorce to be granted by court
3) you can amend your divorce petition and mention about false case of dowry harassment filed by wife
The divorce petition cannot be amended now, you have to continue it on the ground which have been taken thereunder.
1. Yes, you can file a police complaint or Criminal Case u/s 211 of IPC against her for lodging false complaint against you to injure you,.
2. Yes, filing false complaint to harass husband is also considered as cruel action of wife for which you can seek divorce,
3. Your mother and/or sister can also file DV case against her. Your family members also can file police complaint or Criminal Case u/s 211 of IPC against her for lodging false complaint against them for causing injury.
1. You can file a supplementary affidavit/petition duly adding the said evidence of cruelty,
2. You can separately file the police complaint or Criminal Case u/s 211 of IPC against her as suggested in my earlier post.
1) can i take any legal action against my wife for false allegation and police complaints. can i file maan-haani case or any other case
If you have been acquitted due to prosecution not able to prove beyond doubt then you dont have a case for defamation but if the complaint was dismissed, you may file a petition for malicious prosecution.
2) can i get divorce on the basis of false police complaints by my wife against me..
False complaints can constitute grounds for mental and physical cruelty, you can very well file a divorce case on the said grounds.
3) can my family members take any legal action against false DV case.
Fist prove the DV cases as false cases and then decide about taking any action against the said issue.
First i filed for divorce case then she filed false police complaint, do i have to amend my divorce petition to include this police complaint or i can make this police complaint for ground for divorce without introducing this police complaint in my divorce petition. please suggest
In your existing complaint you dont have provisions to amend it to include the subsequent developments. Since the police complaint is a subsequent development, you can bring it to record while cross examining her and substantiate our statement/aversion pleading her acts of cruelty which is continuing in the form of police complaints too, this may be useful during argument at final stage.
you should file a case u/s 482 crpc for quashing of all cases if you have evidence to prove that all allegations are false upon which case is registered. If all the cases are quashed by high court then you have right to sue her for compensation or file FIR u/e 211 IPC and also file divorce on the ground of filing false cases and imposing false allegations. Filing of false case against husband constitutes mental and matrimonial cruelty and it is a ground of divorce u/s 13 HMA.
after quashing her cases you can amend your divorce petition and add a new ground of divorce. Petition can be amended at any time before pronouncement of judgment if new cause of action arises after filing of suit and fact is necessary to build up the case.