All crap during the evidence stage

one more question...as she is telling that every1 is mental...i want to knw ...it is possible for us to file defamation...if yes..then at wht stage?

There are two things in court

1) Saying Something

And

2) Proving that thing

 Burden lies on ur SIL to prove curelty

helloo nidhi,

                         as you say your sister in law has filed a false case of dowry and she alleged false allegations like-

--> Husband alchoholic

-> both husband and his mother mental patient

-> dowry

-> Father in law loose character

-> sister in law asking dowry

-> fights  

                           all of these grounds are required to be proov in the court  and answer of your second question is yes you can file a defamation case on her.

Hi,

In court you have to covince judges without any reasonable douby that the said things happend hear say evidence don't have any value.you have to produce witness,documents,emails,recordings etc to proove it.Otherwise these things may back fire on you.498a is the grave offence it need enough evidence to convince the judges.It's better to take back the case if you don't have enough evidence to avoid any defamation cases against you.

if there is no any substantial proof, official documents, court dont accept just vague allegations.
and her father,mother and such close sfamily menber's witness is not given much importance, their should be independent witnesses,and not close relatives.
u can file case under perjury in the same court ..,seperate case of demation and other like under s/c182,199,201,191etc
for giving false complaint ,making false statement.

this has to be done after evidence stage, and after cross examination is over .
get certified copies of her evidence and cross and immediately file case/s as u wisjh

such pervert conspiring, mean women need to be taught a lesson,harassing the innocent people.

i think there is nothing to worry in your 498a case.

god bless u ith all blessings:)

You have to required Documentary proof to prove their mental status,

You have to prove that you have filed various  complaint  to any authority OR in Panchayat OR before parents and they tried to solved problem with help of relatives. Relatives evidence must.

Any previous loose charecter evidence or incidence , If any

If regular fight than any medical treatment of any time . if any

Ever fight after used alkohal

Dont worry. Contested divorce is not easy in our country.

thanks for all the replies.... i have full confidence that we will win the case....but the only worry is ..it is just wasting our precious time

i have one more query...

they want to compromise with us ...n have said this infront of the judge as well... but the problem is

they are saying that we will file a joint affidevit .in which it will be written ..that both the parties have compromised and would not fight any case in future against each other....and wants divorce

our 498a case is on trial stage ......and they are saying they will just give written affidevit and would not give any statement infront of the judge ...

my ques is ....is it possible for judge to quash the 498a case just on the basis of affidevit ....my lawyer is saying that she need to give a verbal statement ..infront of jude saying that the case was logged under the influence of some relative and would like it to finish..

Please advice...this case is in UP

@ Nidhi yes your side should go for compromise else it will take never ending time for both parties to get together. Your lawyer is right about her verbal statement. Also 498 (a) can be quashed by upper court and your lawyer would know this procedure very well. I would emphasize more on compromise because this is a opportunity for you guys to get out of this mess worryfree don't let it go. Just make sure whatever compromise deed is prepared it has to be in agreement of both parties.

Move this way:

1) Sattle a particular ammount.

2) Agree to a MOU, divide the amm in 3 intalments.

3) She will facilitate 498a quash by making a statemnt in court. 1st instalment when 498a is quashed

4) U appear for 1st motion of MCD, 2nd instament paid

5) U appear in 2nd motion 6 months down, final intalment paid.

gud luk