• False case

Hello, my brother have filed section 13 divorce petition against her wife. Now she is not going in any dates. And she have started filling wrong and false complaints on police helpline. Police comes and go after seeing that she is creating unnecessary issues without any proof. She is still living in our house. She keeps on complaing to police but she have not filed any case against us, his husband and my family. No 498 and no DV. (Marriage time: 10 years)

When police stopped coming seeing her false complaints, she started complaining that i and my brother are doing illegal work of repacking food items. We have proper license of doing work. So police didnt said anything. Now she have complained CMo, DG , DM, AIG on twitter in writing about me and my brother taking our names in a letter saying that our product is dangerous and poisonous. Around 30 police have raided our house but they didnt found anything and went away. We have filed defamation case (500, 323, 504, 506) against her and case is accepted in CJM Court as well She is also trying extorting money and we have filed extortion case also. 

Still she is not having any problem and is not going on any date on any of these 3 cases and no vakaltanama has been filed from her side in any case. Now she is planning to complain a false rape and attempt to rape charges against me and my father. How can i get myself and my father safe from this upcoming problem. Is there any case or any remedy which i can take help of . Any anticipatory bail order or any report which i can submit in court about her future actions? Plz help as i need any solution and guidance. 🙏
Asked 12 months ago in Family Law
Religion: Hindu

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18 Answers

You can apply for anticipatory bail only after FIR is filed 

 

2) in your application mention that this is counter to divorce and defamation case filed against her 

 

3) if house is standing in father name he can seek court orders to direct  your wife to vacate portion of house in her possession 

 

4) Contact local lawyer 

Ajay Sethi
Advocate, Mumbai
84093 Answers
5490 Consultations

5.0 on 5.0

  1. How do you know, she is going to file a rape case? 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1420 Answers
5 Consultations

4.4 on 5.0

1. To file anticipatory bail the FIR needs to be registered and once that is done you can easily get bail.

2. So there is nothing to get worried much even if he files the 498A case. 

3. File Revision case in high court to expedite the criminal case. 

Devajyoti Barman
Advocate, Kolkata
22515 Answers
363 Consultations

5.0 on 5.0

When you are sure that she will do such things then you might have some evidence about it by saying her that she will put such complaint against you and your father. If you do not have then try to gather it and go to police station and write a report that she is going to do such thing they will guide you. 

If she is not remain present in court then court will send notice and even though she failed to come court will give summons too and if not then court will dismissed/disposed the matter. Don't worry about that topic court will handle it.

Sanjna Vaishnav
Advocate, Gandhinagar
57 Answers

Not rated

See there are two different cases so police will not club family and criminal business cases together. 

So if she filed 498a case against you and your family members than need to take anti bail otherwise not. 

Now the problem with the business products process it should be as per FASSAI rules and regulations.

If you're business is as per FASSAI rules than no need to worry about it.

Ganesh Kadam
Advocate, Pune
12193 Answers
151 Consultations

4.9 on 5.0

Keep focusing on the cases you have filed against her.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

You cannot take any anticipatory bail before she lodges a criminal complaint with the police about the intended rape case, you may have to wait for her to take any such action for filing an application seeking anticipatory bail.

To avoid any such action you and your father may better vacate the house and stay away from her so that she has less chance of filing such cases against you both.

 

 

T Kalaiselvan
Advocate, Vellore
74182 Answers
1204 Consultations

5.0 on 5.0

Kindly immediately approach the nearest police station with a "Protection cum Intimation letter" in your and your father's name. In its content please put all the details of whatever case till date have been filed and whatever conduct she has displayed in the house. Send the copy of such letter to the Home minister  of the State you reside and also send the same to the Police commissioner of the State.

 

In pending litigation kindly place application to "close her right of defense" and convince court to pass ex-parte order to cease her from doing such acts and harassing you . 

Pooja Ashar
Advocate, Ahmedabad
215 Answers
2 Consultations

5.0 on 5.0

If FIR filed against him take anticipatory bail immediately

Prashant Nayak
Advocate, Mumbai
24250 Answers
51 Consultations

4.4 on 5.0

Dear sir,

You can obtain an anticipatory bail from the Sessions Court, which will prevent you from getting arrested. 

Install a CCTV in the common areas of your house and keep collecting all the evidences against her and in your favor.

Give a written complaint to the local police station and copy it to SSP office mentioning about all of this. 

As far as Section 13 is concerned, ask your advocate to press the court to start the proceedings ex-parte. 

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

5.0 on 5.0

1. You just need to take extra care when your sister in law is around you. 

2. Don't stay for long time with her in same area, install Hidden cameras to safe gaurd yourself in case of any false complaint.

3. Anticipatory bail cannot be filed on suspicions of false cases. 

 

Mohit Kapoor
Advocate, Rohtak
10688 Answers
7 Consultations

5.0 on 5.0

anticipatory bail cannt be applied at present instance, however you can file complaint to police that she is threatening you of false rape charges.

Nitesh Gautam
Advocate, Shimla
17 Answers

Not rated

You must file writ before high court. In lower court if you appear than you will have to seek bail and then investigation will proceed. Alternatively you can participate in investigation and prove your defence before I.O. If he is convinced he can close the case without your arrest.

Mohammed Mujeeb
Advocate, Hyderabad
19011 Answers
28 Consultations

4.5 on 5.0

there is no legal concept of disowning an adult child in India.

 

2) In case of a selfacquired property, the parents can disinherit a child by executing will

 

3) .. If a parent dies intestate, the self-acquired property will go to the legal heirs.

 

4) parents can evict children by filling application before senior citizen tribunal under provisions of senior citizen act 

Ajay Sethi
Advocate, Mumbai
84093 Answers
5490 Consultations

5.0 on 5.0

No section needed in the same they can disown him anytime through a news paper publication

Prashant Nayak
Advocate, Mumbai
24250 Answers
51 Consultations

4.4 on 5.0

There's no provision in law to disown any relationship between the people. 

If there's no law to such acts, then doing such acts can be termed as an act out of law, therefore don't insist on giving you opinion on doing illegal acts.

T Kalaiselvan
Advocate, Vellore
74182 Answers
1204 Consultations

5.0 on 5.0

.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Just a notification through public notice in newspaper will solve the purpose and still if you have apprehension you can further make a registered will in whomsoever favour you want to this is the ideal way for going through the same.

Mohammed Mujeeb
Advocate, Hyderabad
19011 Answers
28 Consultations

4.5 on 5.0

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