Decleration

Querist : Anonymous (Querist) 19 October 2011 This query is : Resolved
My brother is married 4 years back. He and his wife do not have good marital relation and quarreling many times. Many times they compromised in presence of mediators. But now, his wife went to her parent's place, and is threatening that she would file a false 498A case even though he did not want/ask money. One of her relative called my brother and asked whether to go-ahead with 498A or to compromise. My brother said to go-ahead. Later his wife called him and said that they tried to threaten him by saying that they are filing a 498A case. She wanted to come back to him. Fortunately my brother recorded both calls in his mobile phones, and he replied to her that she can come but before that she should give a deceleration that they wanted to file a false compliant under IPC 498A. My question is that 'would that deceleration is valid in future if his wife files a case against him? Can she sign the declaration in front of notary or is there any other better source? Can my brother mention/submit the recorded calls as evidences in declaration/court if necessary? Would the recorded calls accepted by courts as evidences? Actually my brother does not want to get any more threats like this and on the other hand he does not want to spoil the life of their kid aged 2 years. Kindly suggest.

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Devajyoti Barman (Expert) 19 October 2011
Yes that declaration may come handy but the wife can always allege that the said declaration was executed under force or duress.
The calls can be considered by the court but the process to do that is really tedious.e.

They better go for amicable settlement and apply for mutual divorc

Shonee Kapoor (Expert) 20 October 2011
What is the exact problem brother.

You can always contact undersigned or local SIFF chapter of your city for better understanding of 498-a issues.

Regards,

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

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