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Monday, January 17, 2022

How to Protect false Case by Your Wife Under Section 406?

If false cases under sections 406 of the Pakistan Penal Code have been filed against you by your wife, you can defend your case and at the same time file a counter case against your wife. You can also defend yourself and your family by taking the following measures:
 

  1. Collect Evidence and Documents: To prove that the accusation made against you and your family is false, you will have to collect all substantial evidence that can support your claim. These pieces of evidence can be-
  • Recordings of conversations.
  • Evidence to prove that you have neither demanded nor have taken any dowry.
  • Evidence proving that your wife moved out of the wedlock for no valid reason.
     
  1. File for quashing the FIR: You can file for quashing the false FIR by the High Court. Usually, courts are reluctant in interfering with police procedure, however, if you have sufficient proof to prove your claim the court may quash the false FIR. It is recommended to take help of a good criminal lawyer for this.
     
  2. Lodge an FIR against your wife for filing a false complaint: You can file an FIR against your wife for filing a false case against you and your family. If you have a proper case then the police cannot deny filing your FIR. You can also take the help of a good criminal lawyer for drafting a good complaint on your behalf so that the police cannot reject the same on any grounds. If the police still refuse to take your complaint, you can file a written complaint against the police officer with the Superintendent of Police.
     
  3. File a case for restitution of conjugal rights: In case your wife has left her matrimonial house you can file a case for restitution of conjugal rights mentioning the conditions that she must agree upon before she starts living with you again.
     
  4. File a defamation case: You can also file a case for defamation against your wife for affecting your image negatively by filing a false  case against you.

  

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