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False case of section 498a, 506, 342,323,34


20-Sep-2023 (In Criminal Law)
My wife filed a false FIR against me, my parents and my married sister on 18'th May 2017. I've been married for 15 years & have a 10 year old daughter. Currently the police has filed the final report in which they have not framed any charges against my parent & sister and have dropped IPC 34 against me. The report clearly says that charges are on the basis of trust on statement by witnesses (wife's parents). The charges are false and police report appears weak. I've been granted regular bail with no restrictions. 3 hearings have already happened and no one turned up from complainant side for first 2 hearings and the PP also did not say anything. Judge reserved the 3rd date for pronouncement of orders but the complainant turned up with lawyer and requested for mediation. Mediation is scheduled for this week. Please suggest how to proceed. Also, I'm only allowed to meet my child and time and place of wife's choice. How can I get rightful access to my child? No divorce filed.
Answers (2)

Answer #1
844 votes
For child.... You can file case under guardianship act. Did your wife filed any case for maintainance? From where do you belong and in which state FIR has been registered? If you want divorce... You can file after some time or after filing case of restitution of conjugal rights.
Answer #2
760 votes
it is now to be decided by you that whether you want to have the matrimonial ties with your wife or not. In regard to your child you can seek custody in civil courts, the application alongwith the case can be filed for meeting the child. I would suggest if things can be made better you should go for mediation, however you have not written the matters on which all this problem arose after such a long gap, but sill you should go for mediation and of you feel that nothing fruitful result can be revealed, go for seeking custody.

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