Legal Advice

What to do if wife is threatening to file a false criminal case against my family members?

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.

Advise

You should immediately file a first information report (FIR) for the offence of extortion and criminal intimidation against your wife and her family members. 

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. 

Shivendra Pratap Singh

Advocate

High Court Lucknow

Criminal Law

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