False allegations
upasna
(Querist) 25 August 2011
This query is : Resolved
Hi,
if wife has filed a complaint under 498a consisting of false allegations then what should be done?? if the wife mentiones all those jewellery articles and items in the complaint ,which were never given at the time of marriage . Then how would the husband prove that he had never taken it.For example wife writes in the complaint that 5 sets of gold were given which were actually never given.
ajay sethi
(Expert) 25 August 2011
at time of marriage always prepare list of gifts received . in your case wife says 5 sets of gold were given . she will have to prove the fact that 5 sets were given etc through purchase bills .in your statement you deny the fact that any such gifts were received . you must be having video footage of marriage . whether she was wearing any of those gold sets?
upasna
(Querist) 25 August 2011
No , she was not. Thanks a lot for your suggestion.Another thing.she is alrady earning arnd 45000 per month but wants maintenance of 50000Her mother lives with her brother in law which was introduced to us as his grandfather before marriage. We came to know that her father committed suicide because of her mother's cruel behaviour.I do not if it would be r right to defame her family in court???
Kiran Kumar
(Expert) 25 August 2011
primarily rightly advised by Mr. Sethi.
for fighting out the case, you will have use the facts and documents during cross examination to demolish their allegation and to further prove that the complainant herself is on the wrong side.
as per Evidence Act, you can not impeach the character of a female.
