Anonymous
Asked December 20, 2016

Threat to falsely sue

  • 1 Answer
  • 893 Views

My wife left matrimonial home on Oct 2015 .I have filed rcr .but she is now threatening me like she will file dv and all cases against me and my family member . What should I do know. My lawyer says that we will not produce rcr notice urgently ?what will be the advantages in that case ? Can she file 498a and dv because she is not staying with me from 1 year ? What should i do sir ?please help

Answer 1

There are no precautionary measures as such but you can file a police complaint in the nearest police station regarding the blackmailing and the false accusations. In case the police station refuses to file the complaint, you can approach the Superintendent of police with your complaint. You can directly approach a Magistrate under 156(3) of CrpC if you are neglected by the police[1].

Collect and keep evidence to prove that you have never injured or threatened to injure her. Evidence of this kind will help you to get anticipatory bail under Section 438 of CrPC. FIR is not a precedent for acquiring an anticipatory bail. Likelihood of arrest based on a reasonable belief should be shown for getting an anticipatory bail[2].

In case your wife does file a false case then you can file a complaint against your wife for instituting criminal proceedings against you for which she had no lawful grounds under section 211 of the Indian Penal Code and also bring action against her in civil court for malicious prosecution.

Refer to an answer here for more details: http://www.lawfarm.in/question/restitution-of-conjugal-rights 

 

[1] K.R Prabhakaran v/s Commissioner of Police (Madras High Court)

[2]Gurbaksh Singh Sibba v/s State of Punjab(1980)INSC 70; Savitri agarwal v/s Sate of Maharashtra (2009)SC

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