Can i file criminal case against my opponent
Akshar
(Querist) 25 March 2016
This query is : Resolved
DEAR EXPERTS,
I am Akshar from Nagpur.
I have won the Divorce case against my wife under Section 13 as per Hindi Marriage Act and Orders passed in favour of me on last August 2015.
At the same time , Her Maintenance petition which she filed under section 125 Cr.p.c. has been got dismissed due to she not attended to court. Hence Orders passed in favour of me in July 2015.
Still 498 A case against me still pending. I am not worrying a lot because I am confident in that those allegations will not withstand.
Now my questions to Experts is , Can I file Criminal Case against her in police station by using Maintenance ORDER COPY. Because there were lots of allegations against me and my family that which were completely false.
I also ask you experts to throw some useful information regarding
MALICIOUS PROSECUTION
As per IPC Sections 191 , 192 , 193 , 199 , 200, 503 , 504 , 506.
Can I File complaint in police station against her by using above sections.
Please Suggest me a good way Experts.
Devajyoti Barman
(Expert) 25 March 2016
YOU CAN FILE PERJURY APPLICATION U/S 340 CRPC.
Akshar
(Querist) 26 March 2016
Thank you Devajyoti
Rajendra K Goyal
(Expert) 26 March 2016
You have won the divorce case and maintenance was not decided as she preferred not to attend the proceedings. Other case would be decided soon.
Move on with your life, try to forget like a bad dream.
If you proceed she may prey for restitution of dismissed case.
Dr J C Vashista
(Expert) 30 March 2016
I agree with the expert advise of Mr. Rajendra K Goyal, forget the past as bad dream, live peacefully and enjoy your life.
Otherwise, you are buying torture/harashment for yourself, financial burdening yourself, wasting your hard-earned money and precious time that can be utelised for some "constructive" and benefical work.
The case u/s 125 has not been decided on its merits, it has been "dismissed in default", the same can be refiled any time.
Obtainting a decree of divorce u/s 13 HMA 1956 can also be challanged at any time, if it has not been contested or mutually consented, there is a lot of difference between the cup and the lip.
I think you are fully aware about the Indian laws, which are heavily tilting towards female and against male.
Result of the criminal defamation case, which you intend to file against your (now ex) wife for levelling various false allegations is very difficult to prove so that she may be held guilty and convicted. Anyhow, if you feel strong about the evidences and want to proceed, ignore this reply to your post and proceed.
Best wishes.
