Divorce - My wife left matrimonial home

Dear Client!
Your wife has registered a complaint against you under Section 498A of the Indian Penal Code. This, of course, is a grave issue that can lead to a severe outcome. If you claim that these allegations are not true, then you must gather facts that may challenge the allegations, including statements from other people, pictures, documents, or messages. To avoid making mistakes , it is mandatory to consult a family lawyer to know about your legal position and the legal strategies available to you.
Regarding the false allegation of rape against your father produce documents disproving the allegation, such as medical records, character references, etc. If there is enough evidence to support the fact that the allegation is malicious, consider the option of quashing the false FIR under Section 528 of the BNSS (previously Section 482 of the Criminal Procedure Code). Also, if possible, you can file a counter-case against your wife for filing a false case against you.

The medical report stating the prostate problem of your father can be a piece of useful evidence If the prosecution tries to argue that your father was physically capable of committing the crime, a clear medical report showing his other health issues especially those that could affect sexual performance is very strategic to counter these arguments. You should consult with the expert lawyer to identify the specific medical records that might be useful for the case or how to make good use of those records in court.

Dear Client,
A medical certificate of your father is not relevant in this matter. For getting protection from the false allegations, seek for an anticipatory bail from the court having jurisdiction to grant anticipatory bail, if you have strong grounds to anticipate arrest based on false allegations and complaint under DV Act. An anticipatory bail can be granted under Section 482 of BNSS by the Sessions court or High court. The inherent powers conferred upon the High Court by Section 528 of BNSS or Section 482 of the CrPC act as a vital shield against the misuse of the criminal justice system. This provision empowers the High Court to intervene and quash an FIR in extraordinary circumstances. If you can prove that based on false allegations the FIR was filed, an application for the quashing of an FIR or criminal proceedings can also be filed before the High Court under Article 226 of the Constitution of India through a Criminal Miscellaneous Writ Petition invoking the extraordinary jurisdiction of the Court to quash an FIR or criminal proceedings. We hope that our response is helpful to you.

Dear Client,
To address a false complaint or FIR, the first step that should be taken by the victim is to seek anticipatory bail from the nearest court having jurisdiction to grant anticipatory bail in case an FIR is filed against him under the Domestic Violence Act or a criminal charge of rape to get protection from arrest based on a false/fabricated allegation/complaint. Before an arrest is made, anticipatory bail can be obtained under Section 438 of the Code of Criminal Procedure(replaced by Section 482 of BNSS) by approaching the Court of Session or the High Court. To address a false FIR/complaint filed against you, you can seek its quashing through a petition before the High Court under Section 482 of the Code of Criminal Procedure, 1973(replaced by Section 528 of the BNSS). The Sec.482 Cr. PC )Section 528 of the BNSS) empowers the High Court to dismiss an FIR or criminal proceedings against the accused. It is essential to prove to the court that the FIR was lodged with malicious intent to cause harm or inconvenience and is devoid of truth. The burden of proof rests on the petitioner. An application for the quashing of an FIR or criminal proceedings can also be filed before the High Court under Article 226 of the Constitution of India through a Criminal Miscellaneous Writ Petition invoking the extraordinary jurisdiction of the Court to quash an FIR or criminal proceedings. A medical certificate of your father suffering from prostate disease shall not be of any help in the matter. Reach out to an Advocate experienced in criminal cases for guidance and necessary steps.