Rizwan Khan (Manager) 15 December 2021

False 3 talaq and 377

Hello All,

After 9 years of Marriage my wife abandoned me in Nov 20 then I filled RCR case in Jan 21.
I am settled in Raigadh Maharashtra , she left me 13 month back and staying in Uttar pradesh.

Now on 2nd Dec FIR has been registered against me under Triple talaq , 377 etc

They made a false story that I went there and gave her triple talaq but I didn't go there for the last 8 years.

Also 377 is falsly implicated after 10 years of marriage.

Every line in FIR is nothing but a lie.

My society has CCTV for one month backup but as per FIR I went there 19 se 21 otherwise I had the solid proof.

What should I do now?

Should I go for Bail or go for stay in high court?

Thanks,

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4 Replies

P. Venu (Advocate) 16 December 2021

If false, let the police investigate.

1 Like

Dipro Hajra 16 December 2021

You should file an anticipatory bail application (Section438 crpc) in sessions court first.

Kawmini Liyanage 17 December 2021

Greetings!

Since the matter is still at the stage of the FIR, police investigations are needed to be carried out. and only afterwards, depending on their findings, a case would be filled.

Section 377 of The Penal Code deals with Unnatural offences.

"Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with

imprisonment for life or,
with imprisonment of either descripttion for a term which may extend to ten years, and a fine.

Therefore, there is a possibility of getting arrested in the event of such, depending on the nature of the offence being a Non-Bailable Offence; it is wise to file for an Anticipatory Bail application at the Session Court.

In the event, if the Session Court fails to grant the bail application, the application can be made in the High Court. If the High Court also rejects the bail, the application can be made in the Supreme Court.

Regards,

Kawmini Liyanage.

Rizwan Khan (Manager) 17 December 2021

Thank you Madam.

The thing is that they could influence the local police .

I told the polive on call that I didn't go there for the first last 8 yeqrs, am far away with them around 1400 km.i didn't take any leave in Sep 21 how can I go there.

Regarding 377 have 2 kids , married since 2011.I never did anything like this , no contact with her for the last 13 months.

you can verify anything you needed but they ignored everything.

Regards, pervez