IPC 498a - Need Advice
Dev
(Querist) 05 June 2008
This query is : Resolved
My wife has filled false case against me and my whole family. luckily nobody got arrested , we got the AB from HC. Later police has filled chargesheet (after 9 months). Now charges has to frame.
My wife left india after filling the FIR ( after (3 week), she is in US in last one year.
What will be the impact of this my case if she doesn't come.
H. S. Thukral
(Expert) 05 June 2008
In this case it is the state which has to prosecute the accused and not the complainant. However, if she does not come to depose as a witness in the case, all the accused are likely to get acuittal orders.
Srinivas.B.S.S.T
(Expert) 14 June 2008
If you have sufficient information that she is living in US and have sufficient means of income you can escape from the liabilty of paying maintenance. And as my friend said if she didnt turnup to depose in the court, there in no chance of proving the accusation againt you and you can anticipate an acquittal
SANJAY DIXIT
(Expert) 21 June 2008
Yes. Your wife is the complainant in said FIR and if she doesn't come as a witness during the trial of the case, the case will be in your favour.
