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Defence against criminal accusations for revenge
30-Jan-2023 (In Criminal Law)
My wife deserted me along with daughter(4.10yrs now) on Jul/15 then during Dec/15 lodged DVA for interim but till trial is on! referred even mediation it failed as my wife is too egoistic,Arrogant and Adamant.The on Feb/16 I filed G&WC & RCR and for G&WC got interim order, RCR is almost about to close in 2-3 hearings as I am recalling my family. Then during Jan/17 she filed Dowry case(498) and forgery (468) saying I wrote anonymous letters to her employer & relatives to spoil reputation by forging her signature, then I got stay at HC bench for all of my elders except me, now she & her father are desperate and forcing investigation officer(police) to complete investigation and submit charge sheet to court at the earliest just to harass!, but sofar police have delayed to see if we could rejoin.Now to be on safer side as my wife & father in-law tend to be in revenge mode! what smart steps do I need to take to safeguard self from 468 case, please suggest? Thanks in advance.
You have to approach HC as u did for elders. Chargesheet filing has not been done . For how many months it has been delayed . ? You get the FIR quashed. And for this entire papers we have to go through. And find out the grounds to get it quashed.
Helpful?
14+
14+
Adv. Sumathi
Bangalore | 25+ Answers
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1) get anticipatory bail in District Court; and
2) Co operate with the police and you only compel / force to complete the investigation and file a charge sheet. Because if the matrimonial matters are disputes, then there will always be a chance of compromise or any type of settlement. At that time you can ask to withdraw cases which are filed against you; or
3) go to review petition in high court
4) if you have not forged, then proceed with the case and contest. There will be chance of acquittal if your advocate is good..
2) Co operate with the police and you only compel / force to complete the investigation and file a charge sheet. Because if the matrimonial matters are disputes, then there will always be a chance of compromise or any type of settlement. At that time you can ask to withdraw cases which are filed against you; or
3) go to review petition in high court
4) if you have not forged, then proceed with the case and contest. There will be chance of acquittal if your advocate is good..
Helpful?
13+
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Adv. Arunkumar B Badiger
Hubli | 25+ Answers
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Hello Sir,
If you have intentions of getting back to your wife along with your child because of the Restitution of Conjugal Rights case, go before the Mediation Center and see that you amicably settle the issue. Request the mediator to advice your wife and father-in-law to first take back the criminal cases of Domestic Violence, Dowry harassment and the Forgery case . This can be closed by them becoming hostile,.
If you have no intentions of re-joining your wife, immediately file for Divorce from your end. All the above mentioned cases will constitute mental harassment and cruelty and you have mentioned that she has deserted you in the year 2015, that itself is sufficient ground for Divorce.
Reagrds
Advocate
If you have intentions of getting back to your wife along with your child because of the Restitution of Conjugal Rights case, go before the Mediation Center and see that you amicably settle the issue. Request the mediator to advice your wife and father-in-law to first take back the criminal cases of Domestic Violence, Dowry harassment and the Forgery case . This can be closed by them becoming hostile,.
If you have no intentions of re-joining your wife, immediately file for Divorce from your end. All the above mentioned cases will constitute mental harassment and cruelty and you have mentioned that she has deserted you in the year 2015, that itself is sufficient ground for Divorce.
Reagrds
Advocate
Helpful?
10+
10+
Adv. Nancy Prince
Bangalore | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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