Sir
My wife kept 498a case with false allegations which she did not prove and judge found that my wife left my company on her own giving me a letter that she is not interested in martial life and she wants to continue her studies which she was now doing, completed BSc and studying BEd. Our marriage was not consummated. She took different stands regarding consumation of marriage which was proved to be a utter lie on her part in the court. The court found that after preparing for her studies only she lodged 498a complaint. The demand of additional dowry was also not proved. The evidence of her mother admitted that the marriage was performed purely in their interest and her daughter wants to continue her studies which my wife also admitted. On quering on her deposition in mainatainance case she denied all of that deposition bluntly which 498a case court clearly understood the veracity of the witness. The letter which she wrote and given to me before leaving my company was found genuine by this court with proper handwriting and signature verifications in the court. In the proceedings of FCOP 125 section case she admitted that she is mentally preapred to give divorce and as on date of the deposition she did not wear Mangalasutralu and Mattulu on her which were regarded holy for an Indian woman until her husband is alive. As per her allegations, after 2 days/after 1 day of the marriage I started harrassing her for bringing 1 lakh rupees addiddtional dowry which was also not proved as per the evidences i showed to the court. She also alleged that ur family members used to beat black and blue without any reasons which was also not proved as she did not provide any evidence either from a doctor or a eye witness. As the letter she wrote and gave to me holds key for this case i opted to go for handwriting expert opinion but both the lower and HC rejected stating that it is evident that the signature was of my wife as witnessed by her mother and the writing in the letter is the same compared to her 161 statement which was also admitted by he mother herself. Also the SI who registered the case did not produce the third party witness and instead filed a memo stating that whereabouts of that witness is unknown which is evident that this case might be false fabricated. This is the summary of my 498a case.
My question is can i lodge any criminal case on my wife as the allegations were not proved beyond all reasonable doubts as per Judge in the 498a case. Presently section 125 is pending at HC Hyderabad since April 2009. I did not apply for divorce till date (married in may 2006 parted in may 2007). I see myself fit to fight my cause with some reasonable and reliable evidences and judgements. Please feel free to help the wanted.
