What to do if wife is threatening to file a false criminal case against my family members?

What to do if my wife is threatening to file a false criminal case against my family members? Wife’s family fights and gives warnings to the whole family. They are planning to file a case to the whole family. They are threatening that you will spend a long time in police chowky. What happens if they file a case? My brother wants his child custody with them only and doesn't want to give big alimony.

by Shivendra Pratap Singh | Nov 7, 2022 | Criminal Law

What to do if my wife is threatening to file a false criminal case against my family members? Wife’s family fights and gives warnings to the whole family. They are planning to file a case to the whole family. They are threatening that you will spend a long time in police chowky. What happens if they file a case? My brother wants his child custody with them only and doesn't want to give big alimony.

You should immediately file a first information report (FIR) for the offence of extortion and criminal intimidation against your wife and her family members. 

Don’t wait till the filing of their case against your family members. They have committed an offence of extortion which is punishable under Section 384 & 506 of the Indian Penal Code. Hence, you should lodge the FIR immediately. 

So far as child’s custody is concerned, you should file a case under the Guardian and Wards Act. This suit shall be filed in the city where your child is living currently. 

Author's Profile

Tags:

Shivendra Pratap Singh

Shivendra Pratap Singh

Advocate

Advocate Shivendra, practicing law since 2005, specializes in criminal and matrimonial cases, extensive litigatin experience before the High Court, Sessions court & Family Court. He established kanoonirai.com in 2014 to provide dependable and pragmatic legal support. Over the years, he has successfully assisted thousands of clients, making the platform a trusted resource for criminal and matrimonial dispute resolution in India.

Consult Online

Related Matters

क्या चेक बाउंस का केस मियाद समाप्त होने के बाद भी दाखिल हो सकता है

Apr 9, 2026 |

Negotiable Instruments Act के अंतर्गत, वैधानिक अवधि समाप्त होने के बाद भी चेक बाउंस का मामला दायर किया जा सकता है। यदि शिकायतकर्ता देरी का उचित कारण प्रस्तुत करता है, तो न्यायालय विलंब को क्षमा कर शिकायत स्वीकार कर सकता है। नोटिस के बाद निर्धारित समय में भुगतान न होने पर कार्यवाही प्रारंभ की जा सकती है।

Cancellation of bail when accused tempering with witness

Mar 5, 2026 |

Seeking the cancellation of bail is possible when an accused person tampers with witnesses or influences a trial. This guide explains legal grounds for such actions, focusing on mandatory procedures under Section 15-A of the SC/ST Act and post-bail threats. Learn how victims can approach higher courts to ensure a fair trial and protect their rights.

Evidence of interested witness is admissible in criminal proceedings

Mar 2, 2026 |

In criminal law, the testimony of a related witness cannot be discarded solely due to their relationship with the victim. This legal overview clarifies the distinction between related and interested witnesses, citing key Supreme Court rulings. It explains how natural witnesses provide admissible evidence that reliably forms the basis for a conviction, even without independent corroboration.

SDM cannot attach property under section 146 crpc when civil suit is pending

Aug 10, 2025 |

A Sub-Divisional Magistrate cannot legally attach property under Section 146 of the CrPC if a civil suit regarding the same property is already pending. This guide explains why such orders lack jurisdiction and outlines the proper legal remedy, including filing a petition under Section 482 CrPC to the High Court based on established Supreme Court precedents.

Produce Pendrive as Evidence: Legal Process Explained

Jun 15, 2025 |

Legal experts clarify that digital evidence, such as a pen drive, can be produced even at an advanced stage of a criminal trial under Section 294 of the CrPC. If a trial court rejects such material evidence based on timing, the defendant may challenge the order in the High Court to ensure a fair trial and just adjudication.