Hello ,
I would really appreciate if you could answer my query please.My relative(24 year old man) was charged with a rape allegation by a 35 year old married lady.Both are Indian nationals. As per the complaint the 'so called' rape was committed in Australia.They used to be friends in Australia. This lady had some issues with drug addiction and also she was taking medication for anxiety and depression.He used to advice and help this lady to recover from such issues.But this lady took his friendship in a wrong sense and started manipulating him .She also started persuading him to marry her. Because of her violent and manipulating nature he had to agree at some occasions but he never had that intentions. He only wanted to help her come out of her addiction issues.He thought that he could later explain her that he did not have such feelings for her therefor he then told her that his parents are looking for proposals for him and he will soon get married.She started to threaten him and said she would not allow him to get married .Later on when he told her that his marriage is fixed and that he will be flying to India. That' s when the real problem started.She started to say that he cheated her and utilized her, in fact there was not any kind of physical relationship whatsoever between them.She took him to to a police station in Australia claiming that they are living together( but that not true) and he promised to marry her.But the Australian police did not take any notice of her complaint and they also not even recorded a statement against this boy.She tried to prevent him from flying to India for his marriage by threatening him saying that she will destroy his marriage. But he managed to fly to India. She also followed him to India and contacted the church members of this boy and falsely accused him.She also contacted the bride's family and asked them to back out of marriage.She also threatened that she will conduct a press conference against him But even after all these,the bride's family did not back out of the marriage and she knew that her plan did not work out.She approached some police stations and finally judicial first class magistrate claiming that this man had raped her in Australia.Now the police has filed an FIR and ordered the church not to conduct the marriage anywhere in Kerala state.They are also awaiting the approval from the central government for further investigation as the 'so called rape'was committed outside India..Even after filing this complaint she is still sending threatening messages in facebook. and trying to contact the bridge to ask her to back out of marriage.I would really appreciate if you could answer my below mentioned queries 1) is it possible to take anticipatory bail ,if yes how long is it valid for? 2) Can this case be quashed in the high court? 3)does the police have the right to order the church not to conduct the marriage .If yes, what should be done to conduct the marriage 4) what are the chances of approval or denial by central government to proceed with the case against him Any helpful legal advice to deal with situation would be appreciated
thanks in advance
M Thankachan