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19august20142pm (Other)     23 September 2014

Ipc - case against wifefor not revealing past marital status

My wife has filed false criminal allegations against me under 498a (cruelty and demanding her full salary for groceries :) ) and 506 (threatening to kill her , and  asking her to commit suicide) . Cops knew that she was lying and came to my place (but didnt find me) after 12 days of  her filing the FIR. By gods grace, I heard abt it and got the AB before getting arrested. I am told that she has got the wound certificate for wounds (created by her) on her hands. The charge sheet is yet to be submitted.

 

My wife was a previous divorcee (she got married in 2003 and got divorce after 5+ years). She never told me that she was a divorcee. She had sent me her divorce decree papers via email 2 days after my engagement and 1 day before my marriage. As I didn’t check my emails till 10 days after my marriage, I wasn’t aware of her divorce status till then. She had sent me the complete case papers 5 months after  my marriage. I have email proof of all that.

 

 

As she has filed false allegations against me under 498a and 506, can I file a criminal case against her now  for not revealing her marital status before engagement? Please suggest.



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 6 Replies

MohanK-700 (Architect)     23 September 2014

When did you get married and how long did you stay together ?

19august20142pm (Other)     23 September 2014

Stayed together for 18 months since marriage until she recently left the apartment with all her belongings and filed the FIR.

FYI - Her previous divorce case papers indicated dowry, harassment and torture.

Hardeep (Business)     23 September 2014

You may have protested then. Your continuation with the marriage even after knowing the facts makes an acceptance. AFAIK no case lies on these facts now.

sparrow (Apprentice)     23 September 2014

the defence provided by you could be a basis of filing a criminal case of 'cheating' against your wife. if your statements are true and u succeed in the case than this judgement could be used against her in proceedings initiated by her against you. you must file this case as this could be used as a defence to stall proceedings in 498A and 506 cases. 

As far as what @Hardeep states - the delay of 18 months could make your case weak but not indefeasible and still your condition and truth in your statements could make your case sustainable enough. your's wife's previous divorce reason would also give you enough backing.

Hardeep (Business)     23 September 2014

Any case / law citations where such a delay has been condoned would be helpful, thanks.

Hardeep (Business)     24 September 2014

To my mind. s 23 CPC shall hold which says :

 

"23(1) In any proceeding under this Act, whether, defended or not, if the Court is satisfied that-

(a) any of the grounds for granting relief exists and the petitioner is not in any way taking advantage of his or her own wrong or disability for the purpose of such relief, and

(c) the petition is not presented or prosecuted in collusion with the respondent, and

(d) there has not been any unnecessary or improper delay in instituting the proceeding, and

(e) there is no other legal ground why relief should not be granted, then, and in such a case, but not otherwise, the Court shall decree such relief "23(1) In any proceeding under this Act, whether, defended or not, if the Court is satisfied that-

(a) any of the grounds for granting relief exists and the petitioner is not in any way taking advantage of his or her own wrong or disability for the purpose of such relief, and

(c) the petition is not presented or prosecuted in collusion with the respondent, and

(d) there has not been any unnecessary or improper delay in instituting the proceeding, and

(e) there is no other legal ground why relief should not be granted, then, and in such a case, but not otherwise, the Court shall decree such relief accordingly."

 

You will have to satisfy the. Court re the delay.

 

DISCLAIMER : General information and advice provided is without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel . However, if it helped anyone even a little a " thanks" would be appreciated and would encourage me to keep on making efforts :-) . I am also always open to corrections and further learnings from more experienced Seniors her


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