This is my second marriage, i'm facing 498a as well as "Impotency" based divorce filed by wife
I have
- - no dowry allegation in Chargesheet (also no dowry allegation in 498a witness statements); However dowry allegations were in FIR based on her original complaint
- - FIR initially had 498a, 417 sections, however in chargesheet they introduced 406 section
- - Chargesheet mainly talks about section 417 that i cheated her by hiding my impotency (which is false ofcourse) and one of the witness is from my ex-wife side stating im impotent in my first marriage as well (US divorce decree of first marriage doesn't state this impotency ground)
- - In Charegesheet, it was stated that i physically attacked wife (because of impotency and to not reveal impotency to others) and also my parents and I physically assaulted her for demanding her to go to work. Does it attract 498a?
Do the court honor my quash petition? Do they atleast remove 498a (because no dowry allegation in chargesheet) and 406 (because this section was not in FIR) and just keep 417 for trial? What should be my major claims in my quash petition? Please advise.