My friend is going through a bitter divorce. His wife is unnecessarily pulling me in to the matter by stating my name in the police station that I also sexually and verbally harassed her. Their marriage happened in early 2013 and it has been almost 3 years since I spoke to her directly or over the phone. I never harrassed her in any manner and she does not have any proof whatsoever. I feel my reputation is being maligned by pulling my name into the matter. I want legal recourse in this matter. What is the best thing to do ?
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1) issue legal notice to her to with draw false and baseless allegations made against you failing which you file file complaint of defamation against her .
2) if his wife refuses to with draw allegations file complaint of criminal defamation against her before magistrate
3) you can also sue her for damages
If she imputes sexual harassment to you then she is required to prove this through cogent evidence. If false and baseless allegations are leveled against you then you can criminally prosecute her for defamation on account of the loss of reputation which you have suffered.
Mere mentioning of your name is not going to harm you legally. However if she files any criminal case against you then you will have problem.
From your query it is not clear whether she has brought any criminal charge against you or has just mentioned your name in the divorce.
In the earlier case you have to take bail and face trial while in the second event you can sit casually at home.
1. Collect copy of her said complaint alleging s*xual harassment by you, as an evidence of her filing false complaint,
2. Let the police report be placed stating your uninvolvement in to the matter and collect a copy thereof,
3. File a case against her for lodging false complaint against you.
Hi, Suppose if the police lodge a FIR against you on the basis of the complaint filed by your friend wife then you can file a petition under section 482 of the Cr.P.C for quash the FIR.
If she has lodged a complaint with the police directly against you on this allegation or if she has included your name in her complaint against her husband blaming you with the said allegations, you first attend the police station on being summoned and give an explanation letter stating that same and after that issue her a notice for the defamatory allegations against you seeking compensation under the defamation laws.
This will make her to realise he mistake of unnecessarily involving your name in the case.
