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Blackmailing through 498a

(Querist) 27 September 2011 This query is : Resolved 
Wife put up 498a,

Actual Intentions are

1) is to keep her sister & her boyfriend in her home.

Evidence: Will Pictures of her sister with Boyfriend is sufficient?

2) Not to stay with her inlaws nor visits allowed

Evidence: How to prove, not having materialistic evidence?

3) Money to be distributed for the needy of the inlaws.

Evidence: Have a bank statement , transfering some amount to her relative & friend?


Are these evidence good to put up u/s 211 & 182 in lower trial court?
Sankaranarayanan (Expert) 27 September 2011
yes u can by u/s 211 and also 182
Shonee Kapoor (Expert) 27 September 2011
Hi

filing 182 is the sole prerogative of the police.

filing 211 is the sole prerogative of the court.

Once the case/ FIR is lodged, unless trial is over, you can not file these cases.

Besides you can only request the police officer/ his superior or court to file the same. These sections are not filed as matter of right.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Victor (Querist) 27 September 2011
Mr Shonee, In other words as matter of right , Its difficult to prove the actual intensions of the 498a wife.
Its at mercy of PS or court they can do after the trial.

Is there any other means to show case the actual intensions of filling 498a which is contrary to the recoded statement in FIR?
ajay sethi (Expert) 27 September 2011
1)under section 182 IPCif false information is given to public servant deliberately with an intention to cause injury to another person it is an offence

2)under section 211 IPC if false complaint is made or false charges are made knowingly by any person to cause injury to other person shall be punishable .

in your case your wife has filed complaint under section 498 A against you . merely because you have her sister and her boy friend pics will in no manner prove that false case has been made .

her sister must have come with her boy friend to meet your wife and pics must have been taken . how does it show that false 498 A case has been made?
similarly you have no evidence that in laws were not allowed to come visitng .

if some money has been given to her in laws it may be out of love and affection . no case has been made out
Guest (Expert) 27 September 2011
I endorse the views of Shri Ajay Sethi.
prabhakar singh (Expert) 27 September 2011
I subscribe the views expressed by Mr. Ajay Sethi.


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