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Jeevan (Finance)     05 August 2014

498a: how to counter false medical certificates?

Hi,

I am fighting 498a from last 8 years and now case is on evidence stage. My wife today filed false back dated medical and psychiatrist certificates to prove mental and physical toucher. 

I have a few questions:

1) No such incidents were mentioned in the complaint or in the chargesheet. Can she add it now? 

2) She even bringing new witnesses 

How do I counter this and how to make court reject adding of new evidences and witnsses. 

Regards

Jeevan



Learning

 6 Replies

R.Srinivasan (Advocate)     06 August 2014

Hi, The chief and cross examination is over? and did they gave those evidence in police while logdeing the complaint. where is the case standing now? how many witnesses first they were showed... 

Rohit Sharma (no)     06 August 2014

 

HI, My WIFE left to her parental home with my two kids after 3 years of marriages. Now she want to filed a dowry on me and my family for my utter shock. Can you please tell me if case filed against me then how i can proved the case is false? What happens to my kids who are in her custody? I have recording of her Affair which tell me her sisters husband.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     07 August 2014

Jeevan,

 

You have to ask a leading question, "whether the same was mentioned in the FIR" and categorize it as improvement in the case. Which would then be a matter of argument.

 

 

Regards,

 
Shonee Kapoor
Handphone: +91-8010850498

If you don't fight for what you want, don't cry for what you LOST.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     07 August 2014

Rohit,

 

No one can stop her from filing a false case. You can at best defend it. Also, it is a case which needs to be proven by her only. You need not prove it false.

 

Regarding Custody of children, normally small kids are in the custody of the mother, that does not mean that you can not get visitation rights till custody is decided. You would need to prove that you are the better person to take care of the child. Her adulterous conduct if any would help your cause, if you can prove it.

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

Rohit Sharma (no)     07 August 2014

I can understand that No one can stop her from filing a false case.

but i want to know what is the punishment  { Jail } in this case and about bail.

I've been very scared what will happen to my career

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     10 August 2014

Anticipatory Bail can be obtained in most of the states.

 

Bail would also be granted in such case if arrested.

 

Regarding job, unless you are in govt. sector, there would be no impact.

 

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

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