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ganesh athraya   07 June 2018

False case of 354(d), 323, 506 and 504 against me


My soon to be ex, has filed for divorce and its in court. Daughter is in my custody.

i am a member of a bank and the bank had organised a AGM at during the month of April 2017,resort. Estranged wife is not a member

To the same myself and my daughter had been. Estranged wife was called by her aunt who (is a member) was present in the AGM and she came to the location with her cousins who are also non members.

She picked a argument with me, after some heated exchange of words, i decided to move out from the place with my daughter and left the place at around 1530 hrs.

she left the place at around 1630 hrs witht the same persons she had come with.

She went to a govt hospital on the way alone and got a MLC done, with this she filed a case on me.

The police called me to the station and i explained what had happened. inturn, the police gave a NCR and sent us away. 

She approached the divisional SP after 3 months and had the NCR converted to a FIR. with sec 354(d), 323, 506 and 504 against me

I recieved the summons after about 9 mnths from the court, wherein i presented myself with an advocate and  pleaded NOT Guilty.

Further, i had to seek bail and the same was granted. The status is at Evidence stage. from past 2 hearing the complainant nor any witness have come to the court.

I have the invite letter, which she is not having. 

She is not a member and she has forced her entry to an event.

she came there only with a intention of harrassing me and she has filed this case to do so.


HOW do i go about to prove my innocence in this case., any guidance ?


- Ganesh


 1 Replies

rajeev sharma (Advocate Ex senior manager law )     07 June 2018

As you said she might have come to that place with the intention of trapping you. But sir it is immeterial whether she was invited to that place or not. The fact you that you both were present at the same place at the time of incident. Some heated talks too took place.So now it ia matter of evidence now as to what actuall happened there. If it was only heated words then how she got hurt? If the injuries were self inflicted you will have to prove that. MLC is not a clinching evidence.Talk to your advocate and gather evidences. Silver lining this may help you in proving cruelity in divorce case.

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