After filing the Sec. 12 (d) of HMA against wife , can husband file 420 IPC agaisnt wife
Good Morning sir ,
Gist of the case: In this case, on behalf of my client (the husband), I filed a Section 12 (d) of the Hindu Marriage Act (HMA) against his wife. They got married in March. After one month, she was confirmed as pregnant (proof of the doctor’s report was also filed in court along with WhatsApp chat records with her boyfriend). Upon inquiry, it was found that she had a relationship with an auto driver and had an abortion before marriage. Even after marriage, she continued chatting with her boyfriend. The chat records are also with her husband.
He dropped her off at her parents’ house. After a few days, they tried to negotiate with him for a mutual consent divorce. However, our party waited for several more months, but they did not turn up. Finally, he filed Section 12 (d) of the HMA at the local family court for divorce.
Now, she is opposing the divorce. Furthermore, she filed a Domestic Violence Case (DVC) against him at the local police station and is harassing him to return home to lead the marital life. So, is it possible for him to file cases under Section 420 of the Indian Penal Code (IPC), Section 120 A, and defamation cases against the wife and her family? Please advise me.