Bns 379 by husband against 498a case by wife
Querist :
Anonymous
(Querist) 10 August 2024
This query is : Resolved
Me as a wife, filed 498a, Dv & 125 cases on husband. He nd his family are serial fraudsters, they hide their real identity and dupe innocent families for money.
After 1.5 years of marriage, I came to know that my husband was already married as I saw his first marriage affidavit (we have evidence) in his suitcase. He never took care of me, abused my parents, and kept affairs with multiple girls. His mother snatched by jwellery and locked house when I tried to leave. His father abused my dad and said that you should cut your daughter in pieces, she is mad (we have recording).
My husband never took his responsibility nd neglected me during typhoid. He kept abusing my mother to provoke me and then record my actions. I have suffered a lot.
After one year of filing cases, my husband again misguided us in mediation, he kept saying that he wants to take me home on rent, and took atleast 7 dates for mediation.
He did that to get interim bail on the name of mediation and keep extending the trials. In the end, we asked mediator to send final report as failed. Now husband has filed BNS 379 case on me, because we have submitted wrong info in income affidavit in maintenance (lawyer insisted us to do that).
Today, I am not working but my husband is asking for inquiry and putting same allegations everywhere while we have good evidences of his abuses, first marriage, and harrasment he did to me. How can I counter him further? Trial will start next and husband is trying on scare us with such counter cases.
T. Kalaiselvan, Advocate
(Expert) 10 August 2024
What is the case he has filed against you?
There is no section 379 in BNS, the total sections under BNS is only till 358.
You may revert with proper details.
Querist :
Anonymous
(Querist) 10 August 2024
Bnss (bhartiya nagrik suraksha sanhita), under section 379.
T. Kalaiselvan, Advocate
(Expert) 10 August 2024
You can challenge the same properly on merits and with the support of documentary evidences in your possession.
PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE
Procedure in cases mentioned in section 215.
379. (1) When, upon an application made to it in this behalf or otherwise, any Court is of opinion that it is expedient in the interests of justice that an inquiry should be made into any offence referred to in clause (b) of sub-section (1) of section 215, which appears to have been committed in or in relation to a proceeding in that Court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary
Querist :
Anonymous
(Querist) 10 August 2024
Even if judge orders enquiry about my employment and it's proved to be true, will my case of 498a be considered false? We will defend this case by using my evidences but is there any other way to counter my husband's allegations?
Will my husband go to high court to quash 498 solely based on his 379 case?
T. Kalaiselvan, Advocate
(Expert) 11 August 2024
The case under section 379 of BNSS is a different subject to that of the existing 498a IPC case, the court will not consider the merits of either case to each other
P. Venu
(Expert) 18 August 2024
The petition under Section 379 BNSS may not be of much consequence at this stage of the proceedings.
Querist :
Anonymous
(Querist) 18 August 2024
Thanks for your advice. Will this case affect my case in future? Will they convict me just because of some errors in my income affidavit while husband is accused of committing bigamy, domestic violence, and dowry harrassment on me?
