498a

Querist : Anonymous (Querist) 31 October 2011 This query is : Resolved
Probably I will re tell.

1) Owner of the rented house suddenly hiked 50% or else asked to vacate.

2) Wife doesnot want to vacate the particular rented house.
3)Husband chose to vacate due not accepting 50% hike & vacated.
4) Wife puts lots of pressure to Husband to pay whatever owner is asking otherwise wait for dire conseqeunce.
5) Wife one fine day managed with the local police, have indeed filed 498a to the surprise, which is irrelavent, but truth is that she succeeded in filing.

Now examination date by Judge is near by. How to prove the true story behind 498a which no way attracts in booking 498a.
Husbands have no proper witness , as owner would not come to the court.
How to prove that she is misleading for 498a instead of rental hike ? Experts pl help.

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Raj Kumar Makkad (Expert) 31 October 2011
Merely filing of 498A is not sufficient as it has to be proved by complainant (prosecution) before court beyond any reasonable doubts. Your wife and all her witnesses shall have to face cross-examination of your lawyer and truth shall definitely come out then. Trial magistrate has to see each and every relevant factor into consideration and generally accused should not bring any witness in his defence evidence. It all depends upon evidence of the prosecution.

You are advised to strictly follow your lawyer.

prabhakar singh (Expert) 01 November 2011
I agree with Mr. Makkad.

Shonee Kapoor (Expert) 01 November 2011
Sir,

498-a would have many allegations, you would need to prove those allegations false/ not let her succeed in court believing them to be true.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Sailesh Kumar Shah (Expert) 01 November 2011
I agree with all experts opinion.

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