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(Guest)

Is admitting that police complaint was false cruelty?

Hi,

 

My friends, (he and his wife), lived in US for 5 years. wife used to call police through 911(US emergency) whenever she used to get irritated. In one of such 911 police calls, she alleged that husband has hit her. When police arrived she admitted that husband has not hit her. My friend has a police report where police has said that she admitted that husband did not hit her

 

After that incidence they have been living separately. After two years of separation husbad sent proposal for mutual consent divorce. She did not accept the proposal and threatened to sue my friend and his family in 498a cases.

 

Does complaining to police that my friend has beaten her and latter accepting that the complaint wad false amounts to cruelty? If yes then would appreciate any sitation of past judgment.

 



Learning

 7 Replies

Jamai Of Law (propra)     26 October 2010

Is it an imaginary scenario?

 

Police in US is different than India. Everything gets recorded and investigated till the logical conclusion.

 

If she had really admitted that...she wud have been in rehab centre or spending hrs in some social service.

Is there any proof of that.

 

Even if a neighbour reports to police over there that............. a baby is crying in the other house............. and 'he suspects of child abuse being commited by parents by way of negligence or starvation' !!!............................parents have a testing time.

 

Here parents are still not answerable for many things .............even mercy killing ..............but not the case over there.....

Arup (UNEMPLOYED)     26 October 2010

mere admission is not cruelty.

she called police against her husband. policecame for investigation. at the time of investigation she compled to admit  that the complain was false. due to above complain husbaned defamed and mentally scohked. she did cruelty to him.

1 Like

(Guest)

This is true situation.

 

Police came to the site in five minutes, investigated and when the wife accepted that there has been no fight they closed the case.

 

Acceptance of not hitting is documented in the 911 police report and allegation are recorded in 911 call record.

 

And after I read your respose I did quick google and I have already found a few articles explaining that police close cases where charges are not grave and accussed does not want to pursure the case.

 

Comming back to my original question - is this cruelty ?Is there any judgment on similar situation in india?

Arup (UNEMPLOYED)     26 October 2010

Police came to the site in five minutes, investigated and when the wife accepted that there has been no fight they closed the case.

- is the above thing is in black and white?

of course it is cruelty. but i can not ref any case as ready reference.

you consult book or local lawyer they will prepare the case.


(Guest)

Yes all times are mentioned in the report.

 

Also report gives details of the statement given by parties, police observation  where police says that furnitures and fixtures were at their places and there were no other visible sign of fight.

 

In the disposal of the case the report says that ' Accusser was warned not to make false complaints otherwise she may be arrested'

Self service (None)     26 October 2010

Avinash, I trust you. I know how US police works and specifically where family involve they use best common sense. If your friend has report from county police ask him to give a informatory complaint to nearest Indian Embassy with copy of police complaint.

Filing false police complaint or calling police is cruelity rest is already clarified by members. Better proceed for divorce in US, he can also file in India based on cruelity basis.

Avnish Kaur (Consultant)     27 October 2010

there are tens of such citations . one is pranati chaterjee vs goutam chaterjee 4 april 2006 calcutta hi court .

2006/2 femi- juris c.c. 641 cal .

 

allahabad hi court kalpana srivastava vs

surender nath srivastava 22 april 1985

air 1985 allahabad 253

 

bombay hi court

nilima kishore mhaske vs kishore a mhaske

II 2002 dmc 536 (db)

26 april 2002

contact a gud advocate to make ur case stronger.

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