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Rahul (2 off)     24 July 2016

498a

Hi. In the 498a case filed against there has been two major development. First in the chargesheet filed against me the some jewellery rough estimates were included. The concerned SHO has sent a letter to the jewellers to confirm if transaction had taken place. Though in my opinion he should have asked for original bills also as on the papers submitted with chargesheet words ROUGH ESTIMATE are clearly visible. In response to his query the SHO received back his letter with sign , stamp and statement from jeweler that paper are original. Now after a long struggle in the vat deptt I have received a reply from them that no transaction has ever taken and the concerned employee who has responded to the letter from SHO does not work for the jewellers and also that some of the signature are forged. What are the legal options available to me now . Can my wife be held responsible for forgery or not. Can she be convicted and jailed. Also in the cases against me my wife alleged that her family spent some amount on dowry. To confirm same I filed tax evasion petition. I visited tax deptt to find out about the response. They showed me a letter from my wife where she states that all expenses have been undertaken by me. I asked them for a copy through rti and it was held by cic that the information is personal in nature. They only gave a vague reply that nothing adverse has been found against my wife and also that she is not a income tax assesse. I went to high court but my Writ petition was dismissed and the judge said that I have an efficacious remedy available to summon the documents while cross examination as per law. Now it is already five years . My wife is evading cross examination in 498a. Also the judge says that we should summon the documents at the stage of our defence and not during cross examination. Bailable warrants were issued against my wife for not coming to court last time but were immediately cancelled as she immediately approached the court on knowing the same. Is there any other way to summon the documents apart from summoning it during cross. What happens if she doesn't appear or turns hostile. I need this document as I intend to file case against her and they are very important for my case. My concern is not acquittal but my wife's conviction. Please throw light. Regards


Learning

 5 Replies

Vibha   24 July 2016

  1. These developments help you to win acquittal.
  2. I am sorry to dash your hopes but in my opinion convicting your wife for making these false claims is a lost cause. The tactics used by your wife are not new or unique. These are commonly seen in every 498a case. Many husbands have tried to go after their wives for abusing legal system and none have succeeded. It is open secret that there are zero consequences for wife to lie in court and provide false evidence. That is why women routinely file such cases with blatant impunity.
  3. The jeweler will say that the document was original estimate. Nobody claimed it to be a original bill. This helps you in acquittal but doesn't show wrongdoing on their part.
  4. Tax evasion petition can be summoned by you during your defense, but it is unlikely for IT department to cooperate with you. Best case you can create reasonable doubt in prosecution story.
  5. Wife delaying cross is also seen in every false 498a case. Best case you can pressure judge to discharge you for non prosecution.
  6. I have seen that husbands who put lots of effort to punish wife for the false case end up the most disappointed and unhappy. The ones who focus on acquittal and move on with life come out most content from situation. The wife will face consequences for her actions in her own way, not through Indian courts. The court is wife's playground and every step is biased in her favor. The negative mindset of such women eats them hollow from inside and out over course of time, they spend most of their life in depression, anxiety and anger. Try to find solace in this alone.
  7. Fighting with wife in Indian courts is utter foolish move.

Rahul (2 off)     25 July 2016

With respect to your point no 2 can you please cite some examples of cases where husbands have failed and why if so. Can you please advise if you are a practicing advocate or not.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     25 July 2016

The judge is right. The appropriate stage to summon those documents would be during the stage of defence evidence.

As far as charging your wife for forgery is concerned, you could prefer a private complaint against her before the court of the concerned magistrate. The same shall surely furnish enough ground to summon her and have her tried.

Lying in court is one thing but then to submit a forged document as evidence in proceedings is a serious issue.

Augustine Chatterjee

Advocate & Solicitor at Law

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Vibha   25 July 2016

  1. I consult with clients and work closely with their advocates, I am not a practising advocate. 
  2. As for examples, I am not inclined to list details of various cases but I am happy to summarize the major reasons. All provisions for prosecution against false cases in India have one or both of these restrictions:
    1. They can be initiated only after main case is disposed and led to acquittal. The provisions only apply to statements made under oath and proven to be false during trial. In your action against the witness you additionaly need to prove that falsehood was intentional and with malicious intent. 
    2. They can only be initiated by the court or police at their discretion. Courts have been reluctant to use this power and in rare cases have only imposed token punishment like few thousand rupees fine or few hours of detention. 
  3. Apart from the legal reasons, practical considerations play a bigger role. Defending false cases take away major part of a persons life. After this starting a new long drawn litigation is just too much for most people. Once divorce is done wife can still initiate more litigation, maintenance, false cases of rape etc. The Indian legal system gives so many weapons to a disgruntled woman that at some point most husbands want to protect their interest as best as possible and walk away with a MOU that prevents either party to sue the other going forward.
  4. I am sympathetic to plight of husbands caught in false cases. My honest belief is that they do not have any effective recourse under Indian judicial system. Winning acquittal and divorce is best case scenario for men under existing system. 
  5. I have given you my honest opinion out of goodwill and not with any other agenda. If you do not agree with my opinion you are free to seek opinion of others or pursue a course of your choice. 

Rahul (2 off)     26 July 2016

Can anyone throw some light on my above queries. The complainant now with the knowledge that that the documents from income tax deptt can be summoned is not coming to court. Also issuing bailable or non bailable warrants is just a formality and as soon as my wife comes to know of same she appears in court and gets them cancelled. Also even if the witnesses are forced to come to court and trial proceeds it will take at least 5 more years for me to get opportunity for my defence. By then most probably income tax department may not preserve the documents and have them destroyed. Also what is so efficacious as mentioned by the high court judge when I have to wait for 5 years more to get those documents. Please advise .

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