Wife filed a criminal case to compel me for divorce

Shivendra Pratap Singh


High Court Lucknow

Criminal Law

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Advised on 28 Mar, 2023

Question: My wife filed a false case because she wants divorce from me. Therefore, she wants to compel me for divorce through the filing of such a false case. She has an extra marital affair with her classmate to whom she wanted to marry. I have a baby aged about two years therefore, I do not want to divorce because then she may take away my baby from me. She is very shrewd and master in making plans. Just after the marriage she went to college for completing her post graduate degree and remained there for three years by deliberately getting supplementary and back papers. Actuallty she lived with her paramour during the completion of the post graduate degree.

After coming from the college we planned for a baby and in 2021 a baby born out of wedlock. She never wanted a child and she tried her best to abort the child. But my persistence efforts she begot the child. She filed a false case against me knowing that I am innocent. That criminal case has been filed for the offence of cruelty and marital rape. However, no such act I committed against her. What should to do in this situation?

Asked from: Bihar

In case you possess evidence that can refute the first information report, then you may request the high court to dismiss the FIR by filing a writ petition under section 482 of the code of criminal procedure.

Furthermore, considering the FIR was filed due to matrimonial disputes, you may also opt for pre-investigation mediation. Your case may be suitable for mediation as there are some aspects of settlement or conciliation present. To initiate pre-investigation mediation, you need to submit an application to the station house officer of the police station. They have the authority to stay the investigation and refer the matter for amicable settlement.