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False Accusation upon Father by wife- Urgently need Effective Guidance


16-Feb-2023 (In Criminal Law)
Hello, My close Relative is behind bars from past 8 months on allegation put on by his wife stating being father, he molest his own 4 year daughter. It has been 10 years to there marriage and his wife separate him from his family right after 3 months. But within same year his wife files domestic violence complaint in women cell where after police enquiry realize that it was all false and she wrote sorry application. Now, she came with Pocso allegation whereas initially she wrote again matrimonial complaint &submit into the police station and after same day settlement,next day she came with Pocso-stating being father, he molest his own daughter. Some Important Points -1)WHY SHE SUBMIT MATRIMONIAL CONFLICT IN THE BEGINING AND SETTLE IT DOWN ?2) WHY SHE FILE FIR AFTER 5 DAYS OF INCIDENT?IF SUCH INCIDENT HAPPEN ! WHY SHE HAPPILY LEFT THE HOUSE NEXT MORNING WITH DAUGHTER & HUSBAND WAS ALL AWAKE ?3)WHY SHE MADE FATHER-DAUGHTER TELEPHONIC CONVERSATION BEFORE FIR?PLEASE HELP URGENT GUIDANCE
Answers (2)

Answer #1
859 votes
You can for regularly bail under section 439 cpc with all the details and state the previous conduct of your wife. You may get relief but the most important here the statement of victim under section 164. If you can share FIR copy for more specific remedy and also share your location. For more details kindly contact me Advocate Ranjeet Sonker Allahabad Highcourt. thankyou
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Answer #2
522 votes
you may challenge all the proceedings pending before the court below to the High court and try to ensure freedom of your relative by getting him bail from the court where the matter is pending or if the bail is denied there you may file an application before the high court. let me know if any legal guidance is needed
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