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sanjeev rajpurohit   25 August 2024

Case under 498 a and 406 domestic violence

MY DOUTHER IN LAW FILE CASE UNDER 498A AND 406 AND DOMESTIC VIOLENCE
BUT THEIR IS A WHATS UP MESSAGE BETWEEN HUSBAND (MY SON ) AND MOGOUTHER IN LAW WHICH MY DOGHTER IN CLEARLY SAYING THAT WE ALL FAMILY MEMBERS ARE INNOCENT
THESE 25 MESSAGE ARE AVAILABLE WITH US ARE THESE USFULL IN OUR CASE
PLEASE GUIDE WE ALL FAMILLY MEMBER SUFFRING BADLY DUE TO THIS FALES CASES


Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     25 August 2024

You can give all these information to your lawyer properly who is handling the case because any amount of advise given here will become waste if your lawyer is not incorporating them

Ritu Pandey   03 September 2024

Under the Indian law WhatsApp message can be used as evidence in court, provided that they are authenticated properly. In defense against the allegation of dowry and cruelty, the messages you have where your daughter-in-law has mentioned that the family members are innocent could be significant. 

To ensure that these messages are admissible you need to take the following into consideration:

Under the Indian Evidence Act sec65B provide a certificate that outlines the conditions for admitting electronic records as evidence. This certificate confirms that the message is not tampered and is genuine 

The message should directly relate to the allegation framed against your son or other members of the family. The FIR can be countered if they clearly state that the family is innocent. If in the message daughter-in-law has acknowledged the innocence of family then that WhatsApp message can paly a crucial role as an evidence for defense.  Inconsistency can be shown in her statement as the message could potentially undermine her claims of harresment / cruelty.

In counterclaim you can hold them for  mental cruelty  by illustrating her acknowledgment  of the innocence of family. 

Formal responding is needed in this situation by your son in regards to the allegation against him. This has to include the WhatsApp message, any other evidence that support his innocence in the response. The WhatsApp message  can also be part of the evidence in such proceedings if you want to file restitution of conjugal rights or even divorce on the grounds of mental cruelty. 

You can also file a complaint against your daughter-in-law for false allegation. An application of anticipatory bail can be made to mitigate the risk of arrest due to the allegation . The allegation under sec 498A and 406 are authenticated and relevant. 

P. Venu (Advocate)     03 September 2024

What is the status of the FIR? Has the investigation been completed?Have you received the summons to stand for trial?

The alleged  whatsapp, if produced and duly proved, could be helpful. Your advocate has the option to confront the daughter-in-law during her cross examination with this message.

Also, you may examine the scope for filing a petition under Section 482 CrPC in the High Court quashing the FIR. There are chances that the High 

sanjeev rajpurohit   03 September 2024

RESPECTED SIR

(1)INVESTIGATION IS BEING COMPLETE.THE POLICE ONLY ONE PERSON (HUSBAND) FOR TRIAL UNDER 498A AND 406 (ALL THE BILL ARE ONLY ESTIMATE NOT BILL) AGAINST MY SON .

ALL ITHER NAME (A)MY WIFE (2) MY DOUGHTER  (C) AND MY NAME MY BROTHER IN LAW FROM 354

THE FIR WAS FILLED ON 04/04/2021 AND NOW ON 31/07/2024 MY DOUGHTER IN LAW FILL A CASE UNDER D.V ACT AND FOR MAINTAINENCE AGAINST ALL FIVE PERSON WHICH ARE IN FIR AND WITH ADDITION OF MY FATHER WHO IS 85 YEARS ONLD AND NOT LIVING WITH ME

PLEASE GUIDE THIS IS A CLEAR CASE VIOLATION OF LAW 

THANKS TO ALL SIR

 


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