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BRajesh (MRKT)     22 August 2012

False 498a,323 and 3&4 of dp act

Hi,

My wife has filled the private complaint in court with 498A,323 and 3&4 of DP act  againt me and my parents where as court has directed theh PS to investigate and submit the report.Based on this PS has filled the FIR on me and and my parents  where as charge sheet filled againt me and my mother.Now the case is pending for taril with court.

During the charge sheet upon investigation, IO has removed my father name from charge sheet and retained me and my mother name in charge sheet. My parenst are staying 600 KM away from where me and my wife were staying.they only vist once in year and will eb with us for few weeks and she never visited my parents house in last 6.8 years out of our marrige life of 7.5 years

Since my  father name has been removed from charge sheet since there is no allegations against him as per IO, can he file any defmation case or any other case  against my wife and her parents and witness whose name was given in private complaint as witness for all these flse allegation on the grounds that the case has damaged his personal reputation  for dragging him unnecessarly into this case.

thanks for your help



Learning

 8 Replies

BRajesh (MRKT)     22 August 2012

when my my father name is no more with trail where is the question of getting acquittal? when his name is removed from charges sheet and now accuussed only 2 person(me and my Mother).In court case also it was mentioned that accused persons only 2.

Navin Kashyap (NWM)     24 August 2012

Can the wife file a case under section 498A  after the divorce case has been filed by the husband? In my case I filed for divorce on the grounds of cruelty on 1.4.2012. My wife has filed a case under 498A against me and my parents last week and the police registered FIR. Can she legally do this when a divorce case is already pending in the court?

Any help on this would be highly appreciated.

Sudhir Kumar, Advocate (Advocate)     25 August 2012

She can still give application to the court to include your father.

 

Do not close door of mercy from her.

BRajesh (MRKT)     31 August 2012

IO Office clearly mentioned in the CS that there is no allegation established gainst my father hence no charges framed.

can still ask the court ot included my father name in CS? if so on what basis?will she request to do the reinvestigation?

Sudhir Kumar, Advocate (Advocate)     31 August 2012

only her lawyer can tell how she will do. But there is no reason for you to feel fully relaxed as on now.

Champ (Manager)     01 September 2012

Hi

I have been implicated falsely under sec 498a for harrassing my wife for 10 lacs of dowry.  in FIR lodget with police she has mentioned that her family has given me 6 lacs in my marraige along with gold silver and other articles.. In March 2011 she has filled DV case against me and my family and in DV case she has list of item which they have given in marriage. Said DV notice has list they included item which are given customarily during marriage.  Secondly in their DV notice also they have not mentioned any amount or incidence  when i have asked her about dowry. Subsequently she has withdrawn the case and she has come back to stay with me after signing reconciliation sheet in family court. Reconciliation sheet also do not mentioned anything abt dowry demand.

 

Please let me know whether DV and reco sheet will be enough on my part to justify that i have demanded any money from her or from her family since case is withdrawn only eight month back

Sudhir Kumar, Advocate (Advocate)     01 September 2012

Mr Champ.  Only the nearest available lawyer can see all the papers adn advise you.


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