My father is a blind person who stayed in my Mama ji’s house from 1982 to 2008 (we have various documentary evidences) in Karnal. In 2009, when he was transferred from Karnal to Kaithal, he allowed a lady who was his old student (1994-1996) to live in one room of our newly purchased half-constructed house in Karnal on the request of lady’s father who was the milk vendor of my Mama ji.
After some time, we started receiving complains of ‘wrong activities’ of that lady from our neighbors. She even filed a case u/s 499,500,501 against one of our neighbor in 2010, accusing that neighbor of ‘defaming her character after she refused to fulfill his lust’. She claimed a sum of Rs. 10 Lakh as compensation for the defamation and pleaded that she is an unmarried lady. She also made the same statement as her evidence in the court. She requested us to make favorable statement in the case but we refused.
In the fear of getting defamed, we asked that lady to vacate our house. She delayed the matter for a long time. So, we sent her a legal notice on 14/07/2011. Our trouble times begin here. She became hostile towards us. She withdrew the case against my neighbor & started to trap my father in various ways. She wrote RTI letters to my mother’s office in Yamunanagar to get details of my mother, sister & my property. In these letters she addressed my mother as ‘first’ wife of my father & addressed herself as the wife of my father. Then in Sept 2011, she filled a case against my father under Domestic Violence Act, in which she claimed herself to be my father’s wife since 1999 & claimed the compensation of Rs 40 Lakh. The case could not be admitted by the court for a long time, but got admitted three months back in May 2014 after lengthy arguments from both sides. Meanwhile she wrote complaint dated 4th January 2012, to various agencies like NHRC, NCW, CS Haryana Govt. etc in which she accused my father of rapping her for 12 years since 1999 on the pretext of fraudulent marriage because of which she underwent 3 abortions. Various inquiries were done by various departments but each inquiry found her story as false.
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· Women Cell, SP office Karnal stated her story false.
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· DSP Karnal City, found her story as false.
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· SDM, Bilaspur (Yamunanagar), dismissed her complain.
But taking advantage of the environment of infamous Delhi Rape case; she pressurized the police and Karnal Police registered an FIR u/s 376, 313, 496, 417 against my father on 2.01.2013 (after 1 year of the actual complain) . By god’s grace we got an anticipatory bail from the session’s court which seemed highly unlikely during those dark days. During the case, in her cross examination she admitted that she knew my father’s brothers & sisters & my father’s village in district Karnal. She conceded that a number of her relatives are either the resident of my father’s village or a nearby village or are married in those villages (So how she not know that my father was married since 1983 & had two children?). She also admitted that she did not tell anybody in her office, where she is working since 2007, that she was a married women. Also the doctor who she alleged had done her abortion stated that she came with her sister to her clinic where no abortion was actually done, only cleaning was done.
Later on through RTIs I found out that to get her job in Sarv Shiksha Abhiyan in Jan 2007, she furnished Character Antecedents Certificates from two Govt. Employees, one of which was given by my father (dated 22nd January 2007) in which my father also certified that ‘She is not related to me or to our family’. She also furnished two experience certificates from her previous employers in which she is been quoted as ‘Miss’. Also in her application letter dated April 2006 for the said job, she presents herself to be unmarried. We have exhibited all these documents, various inquiry reports, my father’s residential address & her defamation case against the neighbor to the case file.
Final arguments of the case is scheduled on 1st Sept 2014. Please help me in getting some relevant judgments/law points that would help us in acquittal of all charges. I’ll be extremely thankful to you for this help.
