Can husband file case against wife for cruelty?
Can husband file case against wife for cruelty?
Section 506 of IPC, 1860: Punishment for Criminal Intimidation � The husband can file a case against his wife, claiming that she threatens him to hurt himself or his family or property.
Can I file a case against my husband?
It means, only a husband can file a criminal case under Section 497 against the paramour with whom his wife had undergone a sexual intercourse. However, a wife cannot lodge a complaint against the woman with whom her husband has physical relationship.
What all cases can a wife file against husband?
She can file complaint under section 498a any time, there is not any time limit. If she goes for mutual consent divorce she can claim permae alimony from her husband. I suggest you to file 498a complaint and also file maintenance case to make pressure on him and then settle the matter and go for mutual consent divorce.
Who is the real party in interest in a lawsuit?
A real party in interest is the party who stands to be benefited or injured by the judgment in the suit, or the party entitled to the avails of the suit. Unless otherwise authorized by law or these Rules, every action must be prosecuted or defended in the name of the real party in interest.
Why was the spouse brought into the case?
The trial court granted the motion for summary judgment. On appeal, the landlord admitted that it only brought the spouse into the case, not because she was personally liable on the guarantee, but merely to facilitate its postjudgment recovery of money damages should it succeed on its claim against the husband guarantor.
Why was a spouse named in a community property case?
Creditors have previously reasoned that the Oyakawa case impliedly authorized the naming of a community property spouse solely to facilitate the enforcement of a judgment against the community property. Therefore, the landlord named the spouse in the complaint and gave her an opportunity to defend.
When to include the omitted necessary party in a civil case?
Whenever in any pleading in which a claim is asserted a necessary party is not joined, the pleader shall set forth his name, if known, and shall state why he is omitted. Should the court find the reason for the omission unmeritorious, it may order the inclusion of the omitted necessary party if jurisdiction over his person may be obtained.