with relating to 498a
Shree Kamat
(Querist) 28 October 2009
This query is : Resolved
now my wife has filed 420 against all of us and the alegations are that i am impotent and not able to do S*x with her and this was hidden from all my family members by me.
This case is in process and i my recd summons by next month.
Kindly advice on the same, whether i should consult any civil surgen and take report for the sake of evidence.
Khaleel Ahmed Mohammed
(Expert) 28 October 2009
420 of IPC cannot be filed against all your family, merely because you are impotent.Your impotency should be proved by her in other proceeding.You need not necessary to consult any doctor. Court will order later.
Sachin Bhatia
(Expert) 28 October 2009
Mr. Ahmed rightly said case under section 420 of IPC cannot be filed against all your family, merely because you are impotent. Better to engage a lawyer and appear on the fixed date & defend your case.
Raj Kumar Makkad
(Expert) 28 October 2009
let the investigation complete and let the police file charge-sheet. You are suggested to strongly argue at the time of framing of charge and I hope this section shall not sustain and shall be scrapped at that time and you shall not have to face its wrath/trial.
adv. rajeev ( rajoo )
(Expert) 29 October 2009
420 case? u challenge the process, it cannot be filed.
U take the advis of the Doctor and get it detail report. If the allegation made by your wife is negative then it can be used against your wife by filing a defamation case.
mmn
(Expert) 29 October 2009
a case u/s 420 is clearly maintainable. if a person does not disclose this very imp. aspect of his personal life then surely a prima facie case exists against him. even under the matrimonial law impotency is a valid ground for obtaining divorce.
if u are not impotent then u can prefer an application b4 the magistrate 2 have yourself medically examined n if the report is in your favour then u can file a petition for quashing of this case.
Shree Kamat
(Querist) 29 October 2009
Plz refer below para it is my story. I think only for harassing me and my family memers she is misusing law. Her only intention is to harrass us and to get money from us. Becoz of all these false cases my family peace is disturbed.
(I got married in November 2007 and my wife left my home in December 2007 we never forced her to leave home she stayed at my home for only 8 days in that also she abused me and she had fight with my mother and my sister after leaving home she started sending threatening SMS and she created scene at my workplace but I never entertained her. After three months she filed complaint in police station and police arrested me, my mother, my sister and my brother in law. She filed s.498a and section 3 and 4 of Dowry Prohibition Act. (Stated mental and physical harassment and demand for dowry) against all of us. And s.323, 325 and rape charges on my brother in law. We got bail on the same day and charge sheet is presented within three month after that she filed defamation case on my sister and my brother in law and s.125 on me. She is a MBBS by profession. And she has demanded share in my mother’s property and my sister and brother in laws property. We never demanded any dowry or single peny from anyone. In fact after leaving home my wife came at my home in the absence of us and took all the Jewelry which was gifted by us to her. She had also stated in the FIR that all the jewelry have been forcefully taken by us from her.
I don’t understand what should I do because of this my family members are very disturbed are depressed and I am not getting proper guide from anyone.
Please guide me. Can I apply for quashing of this case if yes then kindly explain. )
