Evidence in 498a
Ram
(Querist) 04 September 2021
This query is : Open
Dear Most Respected Experts,
My wife had filed a maintenance petition u/s 125 CrPC in the year 2007, then we filed a joint memo and we lived together for some time. When quarrel picked up, she filed FIR in the year 2008 u/s 498A & 4 of Dowry Prohibition Act. Then in the year 2009, she filed another maintenance case u/s 125 CrPC.
Now case u/s 498A is going on in court. Allegations mentioned in the maintenance petition in the year 2007 are totally contradicted with FIR filed u/s 498A in the year 2008. At the same time, allegations mentioned in 2009 are also totally contradicted with FIR filed u/s 498A.
I have taken a certified copy of the maintenance petitions (125 CrPC) of 2007 and of 2009.
My Questions:
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1) Will the court admit both the maintenance petition (2007 & 2009) as documentary evidence and the judgement will be passed on the contradictions?
Thanks in advance
Ram
Dr J C Vashista
(Expert) 05 September 2021
Whether these case(s) has been exhibited in the FIR case ?
You have engaged an able, competent and intelligent lawyer who is well aware about facts adn circumstances of the case(s) what is his / her opinion and advise ?
Pradipta Nath
(Expert) 05 September 2021
Ask your advocate to move compulsorily a petition U/s 315 of Cr.Pc attaching all your supporting annexures. This has to be done including other legal tactics.
Ram
(Querist) 05 September 2021
Yes sir (Dr.J.C. Vashista sir)
Wife side added evidence as Petition u/s 125 CrPC filed in the year 2007. So the FIR filed in 2008 and the petition attached with the FIR (maintenance petition filed in 2007) is totally contradictory.
Ram
(Querist) 05 September 2021
Thank you very much Respected Mr.Pradipa Nath sir and Respected Dr. J.C. Vashista sir.
