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Wife filed false case of rape on my brother

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Criminal Law | Maintenance

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Question: Date (July -21) – After one month, she filed section 125 and demanded 25 lakh (They spent on marriage around 2 to 2.5 Lacs Maximum) Date (Aug -21) – Then I filed a case under section 9 of the Hindu Marriage Act. Wife filed false case of rape on my brother. 

Then she filed again file 498A on my complete family. The section 376 on my brother (which was expected in last cases. He is doing a job out of town far from our residence and never met her for the last 1 year) 

Please note that she left our residence on May-21 & stayed with her mother at home till date. My whole family is being harassed by putting fake cases against my family like sec 376. We are being harassed continuously. 

Kindly advise because our lawyer is misguiding us continuously and already he has taken a lot of money to settle our cases. We are almost bankrupted. My company has issued me a warning letter regarding my daily leaves. Please suggest what I should do?

Asked from: Punjab

You should file a writ petition in the High Court under article 226 of the constitution of India for quashing of the FIR. The FIR is false because the accused was not present at the place of incident when the offence occurred.  

Absence of accused at the place of incident (plea of alibi) is solid evidence under section 11 of the Indian Evidence Act. The evidence i.e. plea of alibi is relevant evidence and the court can easily quash this FIR.

She is your legally wedded wife hence it is your responsibility to maintain her. You cannot absolve yourself from this duty if your wife is living in destitution. 

In some conditions the wife cannot claim maintenance. Sub-section 4 of section 125 crpc denotes those conditions:

No Wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.

If she comes under any of these conditions then you should file an objection. The court shall decide your objection application before granting alimony. If the court allows your application it shall dismiss this case.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

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

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.