Question: What to do if my wife is threatening to file a false criminal case against my family members? Wife’s family fights and gives warnings to the whole family. They are planning to file a case to the whole family. They are threatening that you will spend a long time in police chowky. What happens if they file a case? My brother wants his child custody with them only and doesn’t want to give big alimony.
Asked from: Uttar Pradesh
Don’t wait till the filing of their case against your family members. They have committed an offence of extortion which is punishable under Section 384 & 506 of the Indian Penal Code. Hence, you should lodge the FIR immediately.
So far as child’s custody is concerned, you should file a case under the Guardian and Wards Act. This suit shall be filed in the city where your child is living currently.