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My wife has filed false FIR

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Criminal Law | Family Law

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Question: My wife has filed false FIR under Section 498A/406 IPC. Section 3 & D P Act, against me and my old aged ill widow mother. I am the only child and my wife and her parents are hell-bent to take divorce. She wants to remarry. Hence they told me they will withdraw the cases. If I sign mutual divorce papers but I don’t wish to give divorce. I still wish to sit and talk. I I want to sort out all the issues unlike them.

My wife has done 498a,406,dowry and she wants a mutual divorce. She is reluctant to go for contested divorce as I am not willing to give her divorce. I won’t because I wish to sort out issues and cohabit with her. I could not stay with her much after marriage as I worked out at sea. Was giving exams from Kolkata and used to stay with my old aged ill widow mother. We got married in 2018 and she took a transfer from Kolkata to Bombay and is working there. I last stayed with her in July 2020 for 2 weeks . Then from Nov 2020 she is not allowing me to come to Bombay after I had a fight with her over ph.

She used to tell me that I will call the police if u come. She behaved very arrogantly with me over phone and hurled abuses at my mother too..but then things cooled down and we started speaking last year and then also she did not allow me to go to delhi. I was on ship when she suddenly came to our house in October and went back after 2 minutes and threatened to file cases if I don’t give divorce and went and did fir.

I got the police notice in Dec end..IO also knows that she wants divorce but I am not ready to give and that’s why she has filed all these false cases. I am trying to contact her saying that I still want to stay with you and sort out the matter but she is not responding back..Do I need to give her maintenance to my wife in case she filed a false FIR and leaves her job and if she files for contested divorce? After taking bail, can I go to my work place as ours is a contractual 3-4 months job unlike hers? 

Can I go and talk to her parents at Kolkata although they are also vindictive in nature and can call the police..pls suggest. I repeat I don’t wish to give her divorce even my wife has filed false FIR. I wish to sort out all misunderstandings, miscommunication by reconciliation and mediation where they are hell-bent to go for divorce. kindly advice.

Asked from: West Bengal

You should file a case in the High Court for quashing the criminal cases. She has filed cases out of the matrimonial acrimony. The allegations have no field hence, it is a false FIR.  Your wife has filed this false FIR for mounting pressure for mutual consent divorce. 

You should also pray in the quashing petition to transfer the case for mediation. In the mediation proceeding you can settle the matter out of the court. It is not necessary for you to be ready of divorce in the mediation proceeding. But you can try to settle the dispute and convince her to resume matrimonial obligations. Settlement of dispute is a good ground for quashing of 498A.

Mediation is an effective alternative dispute resolution strategy. It is important in cases arising out to family and matrimonial disputes. Mediation provides an opportunity to resolve disputes between the parties through non-coercive and consensual process. It not only saves time but it also diminishes the enmity between spouses to cool down their estranged relationships.

She has no grounds to institute criminal cases. When mediation fails the court will consider the stance of spouses for taking further decisions in quashing the petition. If the High Court finds or satisfies that no offence is made out against the accused (you) then it may quash the false FIR.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

Consult on Criminal, Civil, Writ, Matrimonial, Service matters, Property, Revenue, SARFAESI related cases

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