Can I challenge the FIR filed by my wife after separation?
It’s been 3 years since you sent my wife back home, and I have 3 cases running in court. Despite this, the police took a complaint from my wife. She came near my office, created a scene, hit me, and stole items from my shop, including removing cameras. I went to the City Market Police Station to file an FIR against her for harassment and theft, showing the video evidence of her stealing from my shop. However, the police said they couldn’t file an FIR and only provided me with an NCR copy. They also told me that since my case is in court, they couldn’t file the complaint. On 20th January 2025, she went to the Magadi Road police station and filed an FIR against me, which was dated 6th March 2024. We have been apart for 3 years now.
You can challenge the FIR by filing a petition in the High Court for quashing, citing false allegations and prior separation. Additionally, seek legal recourse against police inaction regarding your complaint, as they are obligated to register an FIR for cognizable offences. Gather and present all evidence, including CCTV footage, to substantiate your claims of harassment and theft. Consult a lawyer immediately to strategize defence and counterclaims effectively.
Yes , you can challenge the FIR filed by your wife if the allegation is false or the case has been used to create unnecessary burden , and if the case has been filed with malicious intent or to abuse the legal process in your case as you have all the necessary evidences relating to the case so you can move to court and can take a legal assistance in this matter .
Sir, to handle this situation, you should collect all evidence, like the video showing your wife stealing items, and file a complaint or ask the court to review your case. The fact that she filed her FIR after 3 years can raise doubts about its credibility. If the police are not helping, you can approach higher authorities or ask the court to look into it. It is best to consult a lawyer to guide you. For further legal assistance contact us on our helpline number.
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