Dv case and other case possibility

Querist : Anonymous (Querist) 11 October 2011 This query is : Resolved
Dear Experts,

one and a half year ago wife filled DV case and running.

allegation of Demand of Dowry she herself abolish in her main application through certain paras.

can she file case of 498A after passing 1 1/2 of DV case and self clearance of dmand of Dowry allegation?

harrasment can be made through any action, any false case,

may one can suggest How such wives can be restricted to file any false cases?

2-- value of messages as evidence in Hon court is considered on merit basis or their value as evidence is less compared to document evidence in matrimonial cases.

thanks in advance.

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Shonee Kapoor (Expert) 11 October 2011
If there was a way to avoid 498-a, we would have been rich

SMS is a valid evidence in court of law, provided proven to be true.

Regards,

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

Jainodin shaikh (Expert) 11 October 2011
There is no provision in any law in our country which imposeses any restriction on filing a FALSE case.

Unless and until a case is filed and decided by the court, no one can claim it to be the false one. Even the court also refrains itself from declairing any case to be FALSE; it only pronounces that prsecution has failed to prove its case beyond reasonable doubts.

If you find out something which proves that the case filed earlier was false one, then you can claim compansassion from the complainant under the provisions of Malicious Prosecution Act. and if the trial of pending case is reaching to its conclussion then you can use the provisions of Cr.P.C. for gran of compansassion.