History of the case:
1.husband filed divorce case, wife appeared and engaged a counsel
2.after divorce case appearance, wife filed 498a two months after filing of divorce case
3.so many allegations written in the complaint and FIR, but charge sheet is so crisp with half page
4.seven witnesses added, out of which 4 are unknown to husband...appear to be relative of other witnesses, whom wife has friendship
Key points:
1.Husband has not taken dowry at all. It is also written in charge sheet & wife 161 stmt, all dowry items are with wife only.
2.Wife is living in-laws house, husband was paying monthly amount through bank transfer, till wife filing 498a case. has bank statements to prove.
3.Husband has collected voter id and all details of other 4 witnesses that they dont even stay near by the house.
4.Husband has collected details of 2 other witnesses who are govt servents and working in office, for the day which wife claims husband tried to attack her, and those people saved wife. Received RTI evidence for govt servent attendance for that day.
help needed:
1.why still HC cant quash this case as witnesses are false, having proof for the same?
2.how to press the discharege petition at lower court? what is the critical point a criminal majistrate look for in this case for discharge?
3.can husband file defamtion suit on those 2 false witnesses based on RTI evidence? should it be now or only after completion of trial/judgement?
4.is it really good idea to show details of false witness evidences when case is pending for trial to start?
kindly help. thank you.
