All FAQS

1. What are the legal consequences for a woman who has filed a false domestic violence case in India?

If a false domestic violence complaint is filed by a woman, then a man has the option of either defending himself or filing a counter case against his wife. The legal allegations that can be framed against his wife under the Indian Penal Code that can follow with their own legal consequences are given below:

• A man can sue his wife if he believes she has formed a conspiracy against him.

• Sec. 182 (IPC, 1860) – False information with the intent of causing a public servant to use his lawful power against another:Framing a false case comprises part of the legal duty of a public servant because they are bound to perform it, without knowing that it might actually cause injury to the aggrieved person.

• Section 191 of the Indian Penal Code, 1860 – Giving false evidence: If a person suspects that his wife is presenting false evidence against him in a court of law or police station, he can file a case alleging that the evidence used to prosecute him is false, stating the false charges.

• Section 197 of the Indian Penal Code, 1860: Issuing or signing a false certificate: Perjury is a crime; one can’t sign a false certificate and allege it to be true.

• Section 497 of the Indian Penal Code—Adultery: Having sexual intercourse with a married person that does not amount to rape is guilty of adultery and is punishable by imprisonment of either description for a term that may extend to five years, a fine, or both. In such a case, the wife should not be punishable as an abettor.

• Section 500, Indian Penal Code, 1860—Defamation: Reputation is man’s biggest asset. If someone tries to defame someone by any means, they can be dragged to court for the harm caused. They will be entitled to pay you damages in terms of compensation.

• Section 506 Indian Penal Code, 1860 – Punishment for Criminal Intimidation: A case of criminal intimidation can be filed against the wife alleging about the threats and harms that she can cause to her husband and his family. 

2. How can someone reply to a defamation legal notice?

The best possible legal advice would be to consult a lawyer. For giving a reply to the legal notice, professional legal aid is required. There are a few steps that are required to be kept in mind by people when they receive a legal notice for defamation:

• A person needs to go through the legal notice thoroughly and examine whether the allegations framed against him/her are true or not.

• A person needs to be precise while replying to a legal notice. The accuracy of incidents that took place needs to be mentioned along with necessary details.

• The lawyer will send the notice reply by registered post and will keep its specimen copy with him. These copies play a vital role at the time of court proceedings or settlement.

3. What are the procedures for filing a divorce?

There are two types of divorces, primarily mutual consent divorce and contested divorce. Law Answer Online is a free online lawyer service that provides you with the procedures for both of them that vary from each other:

MUTUAL CONSENT DIVORCE

Step 1: Locate a lawyer who can provide you with legal aid.

Step 2: A divorce petition must be filed with the court. It is signed by both parties.

Step 3: The husband and wife are expected to appear in court, accompanied by their respective attorneys.

Step 4: Recording of the oath by both parties after the examination and reconciliation by the court.

Step 5: Passing of the first motion, with 6 months of time given to rethink before the second motion.

Step 6: The second motion begins with the petition’s final hearing within 18 months of the first motion.(Recently, the supreme court has held that the period of 6 months given to parties can be waived off by the decision of the court, depending upon the situation.)

Step 7: After the satisfaction of the court, a decree of divorce is passed, declaring the dissolution of the marriage.

CONTESTED DIVORCE

Step 1: The first step in filing for divorce is to find a divorce lawyer.

Step 2: The lawyer needs to draft your contested petition, which is filed before the family court.

Step 3: After filing the petition, the case gets listed for the first hearing, at which the court issues a summons to the other party.

Step 4: Your spouse is required to give a reply or written statement and needs to appear before the court. If he/she fails to do so, the court can pass an ex-parte decree.

Step 5: Points of adjudication are framed by the court; evidence from both parties is collected.

Step 6: Evidence is primarily filed by the spouse who filed the petition, and cross examination of witnesses is done by the opposite party council.

Step 7: Following the preceding steps, the respondent’s evidence is obtained.

Step 8: The court hears final arguments; child custody, alimony amount, and other issues are resolved; and the case is set for judgment.

Step 9: The Decree of Divorce is passed by the court.

4. How can you get legal help against sexual harassment?

Harassment in a workplace, professional or social situation involving sexual activities, favors, or obscene remarks is termed “sexual harassment.” The first and foremost step when anyone faces sexual harassment is to lodge an FIR. You need to get your statement recorded, mentioning the details. There are laws made for the rights of women with regard to sexual harassment. It protects women of all ages without any bias. An internal committee is set up in each office with 10 or more employees to investigate such complaints. A complaint can be filed within three months from the date of the offence. The complaint can be filed by anyone who has knowledge of the incident along with the victim’s written permission. The complaint should consist of the location, timings, dates, and details of the accused. The enquiry needs to be completed within 90 days and a report needs to be followed within 60 days. In accordance with Section 12 of the Sexual Harassment of Women at the Workplace Act, the aggrieved person has the legal right to request leave or transfer to a different branch.

5. What are the child custody laws in India?

• Section 26 of the Hindu Marriage Act 1955 states the maintenance, care, and education of the child when both parents are Hindu. The custody of the child is upheld. This act gives the court the power to pass orders, judgements, amendments, etc. at any point of time with respect to the maintenance of a child and can dispose of the pending decree within 90 days from the date of notice served.

• Section 38 of the Special Marriage Act 1964 states that in the case of different religions of parents or those who have already undergone a court marriage, this act gives the court the power to pass orders, judgements, amendments, etc. at any point of time with respect to the maintenance of the child and can dispose of the pending decree within 90 days from the date of notice served.

• Only biological parents may seek custody of their minor child if he or she is a Hindu under this act.

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