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Msk-need -nuetral- laws (self)     21 January 2013

498a request directly pitching in court

To all beloved Learned experts,

I have a specific question, not sure whether it was answered part of any of the  posts already.

Finally I got counter from my respondent wife, which mentions the false dowry demand by me on  her, stating I demanded 100 soveriegn gold and a flat in city , and i avoided the consumation of marriage for dowry demand.

She also requested the honorable judge to adequately compensate and punish me under 498a section in her counter.

Can someone directly request court to punish like this? Is 498a being criminal section, in my view it should be complained in PS and enquiry to be conducted and charge sheeted, without all this process will court consider her request. However the claim is totally false and obviously has no proof with her for this.

Moreover her counter is more like directing court to punish me and words are of nature to influence the court. Is there a way i can condemn projecting me as guilty without even trial is conducted?

kindly clarify me

 



Learning

 5 Replies

Tajobsindia (Senior Partner )     21 January 2013

Your question is vague;

1. Did you file S. 498a that what she filed to your reply has hurt you?
2. She has a right to reply to your reply and claim as she claims in her reply. Court does not give immediate verdict to such claims as it is a criminal trial not summary trial.
3. If S. 498a case is running that itself means you are under suspicion of a criminal court all that now will happen is to prove to court all her allegations does not stand conviction.
4. You can “feel” yourself ‘guilty’ only when you were arrested without a trial or you are convicted falsely whose verdict may or may not come after the trial hence asking here just base don some rejoinder that you are guilty or court has pronounced you guilty is itself vague question. 

Cannot wife file a direct complain under S. 498a directly before a Court with same plea for relief or tell us what should be her prayer in a S. 498a case according to you?

1 Like

Msk-need -nuetral- laws (self)     21 January 2013

Thank you Tajobsji.

Here is the sequence

1) I filed divorce pettion under cruelty ground on her refusal to cohabitate claiming her erratic behaviour and her voluntary separation to stay at her parents home.( not consumated at all which was agreed by respondednt wife also in her counter)

2) After 15 months ( after two failed counselling) she filed counter to my OP in which she stated falsely that i demanded dowry and requested judge to punish me under secton 498a and requetsing to compensate for spoiling her life.

3) There were no prior 498a complaint in PS on me or in court, it was only stated in her counter to my OP.

However your wording "Cannot wife file a direct complain under S. 498a directly before a Court with same plea for relief" replies my query that she cannot directly approach s498a in her counter to charge me. Can I take that way??

Tajobsindia (Senior Partner )     21 January 2013

Most often I find here people ask vague questions without mentioning detailed facts of their case. Yours is one such, without telling the forum if she filed S. 498a IPC you ask a impromptu question so you have to be satisfied with earlier reply I made and don't put words in my reply which suits you as I can read down your last two lines also.

Now once you specified that she takes such pleas in her rejoinder to a divorce case which you filed, then reply is that a Family Court has no jurisdiction to service her plea of S. 498a IPC like sending it to a Magistrate Court for taking cognizance of or sending her pleas to Police Station to inquire etc. etc. unlike if she would have pressed for this relief of S. 498a in a DV complaint case then DV Court which in some places is serviced by a Judge other than a Magistrate Court she could have been heard and cognizance could have been taken and this answers your first part of the question on "pitching".

Regarding second part of your question on ‘compensation’ as cause effect of her plea again under Divorce laws only claims are for compensation if one calls it as is allowing “litigation expenses or punitive damages to respondent wife” so if she can prove mental cruelties within wide meaning of Marriage Act was infact the other way round then yes she can claim such punitive compensation and it is not that such compensation was not heard of being paid under Divorce Laws if respondent wife proves her side of facts in the case.  Also under Law of Torts she has civil remedy to claim “compensation” which is a very straight forward Law.

In future donot expect repliers to know length and breadth of parties ongoing litigation hence give some background of litigation that is among parties and who filed what and then in relationship to that ask question to get specific replies. 

1 Like

Msk-need -nuetral- laws (self)     21 January 2013

Aptly answered tajobs sir. Thank you again.

shrikant (LAW OFFICER)     17 April 2013

tajobs sir very good Answer


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