Application of sec. 209 and 211 ipc
deepak
(Querist) 27 January 2016
This query is : Resolved
Hi Experts,
My wife who is also a practicing advocate and by taking such advantage she already filed 498-A, 125 Cr.P.C., D.V. and now latest she filed new complaint case u/s.494,114 IPC against me and my entire family members.
Now in her complaint except so called birth certificates of my childrens where my name and alleged second wife's name is seen nothing on record not even date,time and place were not mentioned.
As per SC judgements to establish offence u/s 494 essential ceremonies has to be established.
With above details can I invoke section 209, 211 IPC for malicious allegations without sufficient grounds. Plz advice.
Devajyoti Barman
(Expert) 27 January 2016
Your proposed case u/s209,211 IPC has got no merit at all.
P. Venu
(Expert) 28 January 2016
What is the truth of the matter - have you entered into a second marriage?
Rajendra K Goyal
(Expert) 28 January 2016
Agree with the expert Devajyoti Barman.
deepak
(Querist) 28 January 2016
Thanks Experts for your valuable advice. But I also expect reasoning for not apply of Sec.209,211. It is just for knowledge. Because what I think is 'A case which has only filed to harass me and malign my image without sufficient legal grounds is come under ambit of Sec.209,211 IPC.
Well but I honour your advice.
A. A. JOSE
(Expert) 28 January 2016
In the abscence of complete and correct facts having been not provided by you, one will have to assume that your wife might have reasonable grounds for instituting proceedings against you and that is precisely the reason as to why you will have no valid grounds to move against her.
