urgent help req. my wife files false 313 case along with 498

file quash in high court,if u r sure that the averments which she made are false then approach the high court and file a quash, if the high court is satisfied with your submission the it will quash the case

thanks.. she is falsely alligating me..but i remember before 5 years-- when she was living with me..once she told me she was pregnant and taken abortive pills about which i was totally unaware..and sincde last 4 years she is living seperate from me..but she has presented some sms of mine to police.. in which like i had mentioned about her pregnancy..but i don't remember had i sent such sms.. so i think it could be tempered sms.. and kindly tell me is sms a valid proof for filing FIR ? plus my lawyer tell me after 5 years she can't file such kind of complain..SO i want to know is there any time limit for filing such complain ??

yes , limitation shalll apply in this case.

also abortion thru medicines is not covered under sec 313

file quash petition in hc and if needed , go to SC

she needs a valid proof that abortion was by a criminal injury and not by pill, both these are a real basis for quash in this case.

@ Author

1. Limitation is 3 years in ‘abortion’ allegation cases.


2. She needs medical docs of her pregnancy


3. Even if she has one 'laminated" for (4) 5 years then that gyne. / physician may not be available for statement


4. Abortion without consent of other spouse is a serious offence. However, delay in filing is merit grounds for 'quash'
Reasoning:
A failed marriage shall not turn into a counter blast.....................
Flip above advise, now file a “cross case” additionally charging her of negligence, willful conduct, abortion without consent of husband and see her turn into chameleon………..


5. Mobile incoming / outgoing records are available only of past 11 months as per TRAI Regulations.


6. SMS records are not kept by any Operators in the absence of 'freeze" Orders of any court and or if a customer has subscribed to save on server option on a particular rental plan.


7. To me it seems a case under S. 156 (3) CrPC first then converted into S. 200 CrPC in either case a Magistrate Court has power to examine you under S. 313 CrPC. However, S. 313 CrPC is to at all related directly to 'abortion'. But, if Magistrate Court is invoking S. 313 CrPC under S. 498a IPC then he is doing the right thing to go into the depth of her ‘abortion’ allegations. Do draw attention of the trial Court on limitation on this particular allegation.


Her case will crash. Since she is saying all 'gospel truth' so police and probably MM Court may entertain her in the beginning. You should keep a solid patience on all these developments.  

thanks tajobsindia... you relieved much of my tension...and guided me.. other wise a innocent person was surely to b 'culprit'.. and

actually AFTER FAMILY COURT MAGISTRATE DENIED 15 LAC RUPEES DEMAND OF MY 'DIVORCE ASKING' 498 WIFE..SHE DID ALL THESE FALSE COMPLAINS..

CAN u kindly PROVIDE me AUTHORISED  LITERATURE WHERE 3 YEARS LIMITATIONS IS MENTIONED FOR 'ABORTION' COMPLAIN ?? PLEASE..pLEASE HELP ME URGENTLY-- SO I CAN SAVE MYSELF FROM BEING ARRESTED IN NEXT 2-3 DAYS..

AND AVINASH KAUR.. CAN U SEND ME LINK TO LEGALLY AUTHORISED STATMENT  IN WHICH IT IS MENTIONED THAT PILLS ARE NOT COVERED IN 313 ??

PLEASE HELP ME URGENTLY AS I AM ON RISK  OF ARREST..

AND AVINASH KAUR.. CAN U SEND ME LINK TO LEGALLY AUTHORISED STATMENT  IN WHICH IT IS MENTIONED THAT PILLS ARE NOT COVERED IN 313 ??

PLEASE HELP ME URGENTLY AS I AM ON RISK  OF ARREST..