498a/false withness

Guest (Querist) 03 September 2012 This query is : Resolved
Sir, I am a victim of false 498a/406/34 case.My wife has filed but she
reside in his parents house fo last one year.As withness her two
elder sister has signed.

1)Distance between me(my house) and my wife house is about 25 km
2)1st withness resides 20 km from my house and 8km from my wife's
parents house
3)2st withness resides 17 km from my house and 20 km from my wife's
parents house

I have enough probe that my wife is out of our house from last one year
(paper documents)

I do not know are they eligible for withness or not , is there
any probition in law to take step against false withness ?
Can i chase them how they have seen me to torture
my wife ?
Can i take step while 498a case running ?

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Raj Kumar Makkad (Expert) 03 September 2012
There is no such prohibition in law to become a witness of a case even though there may be distance of residence as you indicated. Once you get exonerated from the charges beyond any reasonable doubt, only then you can take legal action against your wife and witnesses so now fully confine towards the defence of your case.

Guest (Querist) 03 September 2012
but sir, i came to know most of the cases 498a,it goes to benefit of dought,
where i can not challenge the opposit any more

chances of 'charges beyond any reasonable doubt' is very less or zero
when what to do

Sudhir Kumar, Advocate (Expert) 03 September 2012
Distance of residence of the witness is no so material to the admissibility of evidence. What relevant is the content of information he/she can give to the court.

Before thinking to take action agaisnt witnesses please first prove their evidence wrong by cross-examination by your experienced lawyer when they come to depose.

What do you mean to say "can I chase them". It carries a meaning that you want to shoo them away when they come to court. NEVER think so if you want bail to continue.

In 498a (or in any case) losing temper is almost a guarantee to lose case.

You queries on the subject :-

http://www.lawyersclubindia.com/experts/498a-bail-331401.asp

http://www.lawyersclubindia.com/experts/498a-false-withness-335686.asp

http://www.lawyersclubindia.com/experts/Police-Verification-498a-330736.asp

http://www.lawyersclubindia.com/experts/DV-Act-Child-Custody-331511.asp

http://www.lawyersclubindia.com/experts/498a-Child-Custoty-Victim-Please-Help-330356.asp

http://www.lawyersclubindia.com/experts/498a-Domestic-Violence-Act-329591.asp

You are scattering the facts and unable to get a consolidated advise where experts see views of each other and agree or disagree. You are denying your self of the best of this forum

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