Need help in dv,498a,maintanance,child custody
Querist :
Anonymous
(Querist) 03 October 2011
This query is : Resolved
Dear Sir/Madam,
I & my wife got married on 07.02.2004.Due to happy marriage life one female child borned on Dt.20.09.2005.After birth of child she changed her nature any many problems had been started in our life.As she was a doctor we have started her clinmic in our town.But she was spending her most of the time in Share stock market office opposite to her clinic.One other cast person who was handling that office came in contact of her.One day when I had participated in one govt.competitive exam,she went for long drive with that fellow.They went at dam site nearer our town.One day I got one entry pass of dam site of visited by to person in the name of her & mine.But byke no.mentioned in that was other.So,I made inquiry of that byke no.,and that byke was of that person.She had written her name followed by name in that entry passs & register mainted at dam site.Wrong signature of my name had been done by them in that register though I was present in competitive exam. When I asked her about this she became angry in told me that if you will ask me about this I will suicide & went from our house in September 2007.At that time my female child was 1.10 years old.I & my parents bringed up our child.After the age of 3.5 years age of child she entered a case in family court regarding child custody & mainatance (as she is working in pvt.hospital earning 10,000/-p.m).All this two cases are running under family court One day in July 2011 at night at 9.00 p.m she came to our house with making injury on her hand,and got shouting save me..save me…After that she had been admitted in the hospital and got medical certificate.On the basis of medical certificate she filed a complaint in our local police station against me,my parents & my friend,that when I went to meet my child at home these all the peoples attacked over me with sharp obstance & made injury,They were harassing me.On these basis police had filed a case under
IPC 498a,323,114,523.After that in August 2011 she had filed a case under DV act on the basis of FIR.At now no Charge sheet is submitted by police in the court yet.Now she wants to use this FIR in minor custody case & Maintanance case.Sir,my question is to you that Can she admit all these documents i.e FIR in these matter as charge sheet is not submitted by police yet?Is it relevant in these two matters?Can court make judgements with out submission of charge sheet?We have admitted these all the documents in Child custody case & maintance case.But she had denined it.Our lawyer says that these all are not relevant.Can u suggest me your best suggestion in this matter.Can my mother file a DV case against her ?
Shonee Kapoor
(Expert) 03 October 2011
You have asked this query in either this forum or some other place.
These things are not enough for acquittal/ discharge of 498-a. However, you can use these documents in trial for contradicting her/ raising doubt on her testimony.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
