civil suit for malicious prosecution.

Querist : Anonymous (Querist) 18 April 2011 This query is : Resolved
Hi

False case submitted against husband and family file under 498a.
Chargesheet yet to be filed even after 3 months. Husband has already lost more than 1 lac on and travel and need to provide 3000000 surety for bail. Plus loss in pay day.

Can he start civil sudit for civil suit for malicious prosecution and claim compenstation for Cost at same time as case going on.

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G. ARAVINTHAN (Expert) 18 April 2011
only after a decision made in criminal court that husband is acquitted, he can sue for malicious prosecution.

Naresh Kudal (Expert) 18 April 2011
A suit for malicious prosecution can be filed on the basis of finding of case. Let the criminal case disposed off first.

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