Initiating case under section 388.

Guest (Querist) 29 May 2016 This query is : Resolved
Question:
Husband has documentary evidence from CAW cell (video recording as well as written complaints of wife). In expert opinion does this material by itself attract proceeding under section 389 of IPC? So far husband has refused to bow down to pressure of false accusations.

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SAINATH DEVALLA (Expert) 29 May 2016
The recommendations of the CAW cell will be sent to the court,including the statements given by both the parties.If there are contradictory statements from either side that would be mentioned in the CAW cell report and would be dealt with by the court.
Section 389 IPC is not applicable in family matters except in extraordinary cases.

Guest (Querist) 29 May 2016
Sainath Sir: Is there any important judgement which indicates that 389 IPC does not apply to family matters? I am curious to know why such limitation may be present and what reasoning was provided by court.

dr g balakrishnan (Expert) 29 May 2016
facts matter in the courts pls, nothing else, if facts are accepted then relevant sections might accrue. else whatever sections u quote may not stand sans facts ps