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gurcharan (computer operator)     15 September 2014

498 false case on my parents

Hi Seniors,

I want ask question regarding false 498 case on me.
actually I was living seprate to far from my parents house in different village. and with two daughters.
She was filled false complaint on my all family members name and police have removed my parents name
and i was only added to 498 case
now after passing two years in the courts
my wife have given application in the courts that
my parents also have to be added in the case
can court will add my parents name
as they were living seprately??

when my wife had gone from my seprate house she gave the advertisement /news in the courts for beatings and she had created the false MLRS of beatings

and at the newspaper the location she mentioned was my village

whereas my parents are living in seprately village

when her brothers came to my house they were come with my mohhal sarpanch

and they are the witness that she is gone from the seprate house

Now want to ask two question only

1) is there any possibilty that court will add my parents name
2) can i file any 420 petition on my wife name or my parents can add the 420pettition on my wife name

 



Learning

 3 Replies

Sudhir Kumar, Advocate (Advocate)     15 October 2014

1) is there any possibilty that court will add my parents name

Ans  : Given facts do not indicate the easy game for her.  But since they were initially mentioned in the complaint and police only dropped them the possibility is not zero.  You should take no chance. You should apply for AB for them.


2) can i file any 420 petition on my wife name or my parents can add the 420pettition on my wife name

 

Ans : before you are acquitted do not think of the same

Ashok, Advocate (Lawyer at Delhi)     17 October 2014

If the court finds that there is a prima facie evidence against your parents, then it has the legal power to add their names as accused even if the police had dropped their names. Of course, whether the charge can be proved against your parents (at the conclusion of the trial) would required proof beyond all reasonable doubt (and not merely prima facie evidence).

 

I could not understand your second question. Perhaps, you wanted to mention that you want to file a case against your wife for filing a false case against you. If that is the question, then it is better to wait till the conclusion of the trial (unless you have some very strong evidence in your support).

gurcharan (computer operator)     14 November 2014

case is still under process and it not reached at the level of the conclusion yet.

but she already filled seprate case to add my parents name to combined them in 498


If she had taken shagun shcege issued by the government of punjab then also i can not make 420 case on her? i got by ITR that her mohter took shaguan sheeme whereas another side she says we spend nearly 10 lac on marriage


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