How to file compensasion claim against wife+498a
dattaraj
(Querist) 24 December 2012
This query is : Resolved
dear all experts,
its last week wife and her mother and brother has given false witness statement and then court found all the witness are false along with proper documentary paper as evidence by husband side, its highly expected to get pure clean acquittal judgement in favour of husband,
can i file private complaint under the following sections of ipc
182, 211, 191, 205,
compensation as per crpc 250
malicious procussion etc
i have lost aprox 3500000/- to attend all the process of for getting relief from trial court to high court at various stages and cities from my residence
please help all from my family old aged parents and married sister and non married sister has suffered animal treatment.
ajay sethi
(Expert) 24 December 2012
wait for order . see the wordings of order then go as per your lawyer advise . if you file case for malicious prosecution you will incur more legal expenses and have to keep on attending court . move on in life
V R SHROFF
(Expert) 24 December 2012
Agree with shri Ajay,
Wordings of Court Order is very important.
If judgement says "false case" , u hv chance
If Judgement "cruelty is not prove for want of evidence" means there were cruel act but u r acquitted as not proved. u hv no chance then . u loose ur 35L
How u prove u spent 35L??
Nadeem Qureshi
(Expert) 24 December 2012
Malicious Prosecution is a Tort, the liability of which consists in improperly instituted unsuccessful criminal proceedings for an improper purpose and without reasonable and probable cause. An action for damages can be maintained for the abuse of such legal Process. The object of law is the creation and protection of legal rights. Any interference with a man's right, whether in respect to his personal liberty or property is Prima Facie wrongful.
Law is well settled that malice and the absence of reasonable and probable cause, are distinct and separate facts, and that absence of reasonable and probable cause does not lead to any presumption that the complaint was actuated by Malice. it is the duty of Plaintiff.
You have right to file a CIVIL DEFEMATION SUIT, SUIT FOR DAMAGES, you can also file a criminal defemation complaint u/s 499/500 of IPC.
Feel free to call
dattaraj
(Querist) 26 December 2012
sorry it was rs 350000/- wrongly typed an extra zero
