Advice reg. faise d.v. case & 498a case by wife
KIRAN
(Querist) 07 February 2014
This query is : Resolved
Respected sir/ madam ,
1) i m a Govt. servent.My wife is housewife
2)we married in may 2001.we have 2 kids, one girl 10 yrs& one boy of 8 yrs.
3)I have 4 married sisters & father not stayiny with me.
4)I m well setteled& haviny own house at kalyan.We were happy in our married life.
5)my wife is short tempered & high B.P. patient. there was interference of her relatives in our life.Hence dispute is arrised after 11 yr peace life.
6)During last 5 yrs,3-4 times compromised has been done bet.us.
7)In December 2011, my wife had stolen all my original land, flat agreements, ATM Cards cheque books ,cash, gold etc.(afterwards some i found it).I have made complaint to police station about this.
8) On that day,she called her parents & relatives to my house from their native place.They came to my house & They were shouting in my house infront of neighbours till mid night.
9)My wife(with my kids)left my house willingly alongwith her parents&relatives on 31/12/2011.After 3-4 days i have made complaint to police station about this.
10)Immdly. after 15 days she filed false D.V case in court against me,my aged father & 4 married sisters on 15/01/2012 without any discussion with us.
11)We had submitted our says in court.Magistrate had conducted counceiling 3-4 timesbut failed.
12)Then my wife moved application to Mahila Sahayya kendra.
13)After compromised through mahila kendra,I brought my wife & kids to my house
on 24/01/2013 for bright future of my kids.
14)We started our married life again.All were happy but there was interference of her relatives.
15)Even after 4 months passed she was not ready to withdraw DV case & wanted to keep pressure on me by giving threntening of police station & court.
16)Magistrate had also suggested her to withdraw case but she refused.Then Magistrate had given option to withdraw case&live with husband or stay at ur parent & proceed the case in court.
17)From that day (24/05/2013),she & kids are at her parens house.
18)In July 2013, she filed false 498A FIR against me & all same my family members Reg. demand of 5 lacs for purchase of flat & bitten them at her parents house.
19)All we got A.Bell & chargeshit is filed
20)We filed petition for quashing FIR & chargeshit in H C. It is admitted&exemption order is passed for all other members except me for lower court.Summons is received by her.
21)Meanwhile Interim Mntc. is passed for Rs 3000/-pm to my wife & kids against her demand of Rs 25k.PM.I had paid mntc amt.4 times.
My Gross salary is 70k & Net payable amt is 20k (after all loan&other deductions).
22) she had made appeal to SC against this mntc order.I received summons .
23)Meanwhile my wife had issued false Public notice in N/P that I ignored them as nominees & selling properties.
24)Now D V case is for Evidence & her cross examination is to be start on next dateSir,kindly advice the following.
1)How to take cross exam.of wife in D.V.case?
2) Important strong points for cross examination to prove her complaint is false.
3)Which documents should i call from police station (useful for quashing 498A FIR/chargesheet )such as complaint letter, counceiling done or not? any more ?( I have filed for quashing 498A FIR & chargesheet)
4)As per the direction 0f govt./high court/ supreme court counceiling is compulsory before FIR or not? ( In our case FIR is lodged immdly .next day after complaint is received).
Thanking you in advance
ajay sethi
(Expert) 07 February 2014
you have to go through complaint filed by your wife in DV case . allegations made against you . you have to ask her questions on the said allegations . if any false statements are made in complaint cross examine her on the said statements . whether any evidence available in support of the allegations made by wife in DV case .
as far as 498A case is concerned your lawyer will guide you in this regard .
ajay sethi
(Expert) 07 February 2014
Delhi High Court in Chandrabhan Vs.
State (order dated 4.8.2008 in Bail application No.1627/2008)
“there is no iota of doubt that most of the complaints
are filed in the heat of the moment over trifling fights and ego clashes. It is also
a matter of common knowledge that in their tussle and ongoing hostility, the
hapless children are the worst victims”. The following directions were given to
the police authorities:
i) “FIR should not be registered in a routine manner.
ii) Endeavour of the police should be to scrutinize complaints carefully
and then register FIR.
iii) No case under section 498-A/406 IPC should be registered without
the prior approval of DCP/Addl. DCP.
iv) Before the registration of FIR, all possible efforts should be made for
reconciliation and in case it is found that there is no possibility of 5
settlement, then, necessary steps should, in the first instance, be
taken to ensure return of sthridhan and dowry articles to the
complainant.
v) Arrest of main accused be made only after thorough investigation has
been conducted and with the prior approval of the ACP/DCP.
vi) In the case of collateral accused such as in-laws, prior approval of
DCP should be there on the file.” The Delhi Legal Services Authority, National Commission for Women,
NGOs and social workers working for upliftment of women should set up a
desk in Crime Against Women Cell to provide them with conciliation services,
so that before the State machinery is set in motion, the matter is amicably
settled at that very stage. The need to explore the possibility of reunion and
conciliation when the case reaches the Court was also stressed.
Rajendra K Goyal
(Expert) 07 February 2014
Cross examination is an art and an experienced lawyer may turn the case in your favor. Please engage the services of some experienced family lawyer.
KIRAN
(Querist) 26 February 2014
Thanx sir for valuable guidence.
Cross exam. of my wife in D.V. case is over. Unfortunately ,my lawyer had missed to ask some imp. points to her during cross exam.eventhough I have suggested him.Now I have changed that lawyer & engaged another sr. experienced lawyer.kindly advice me ,
1)Should we request court to recall her for remaining cross exam.?
2) Under which clause we should recall her for crocc exam.?
3) Any other suitable advise for strong our defence.
Thanks in advance.
