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joy   15 February 2015

False 498a by wife as a counter burst of divorce summon

Dear Sir,

I got married on December 2009. After my marriage my wife and her parents always pressurized on me to stay with her at their house leaving my ailing and aged parents. Even her parents used to say filthy languages over phone to my mother. My wife is working as a teacher at a school and used to go her parental house every day after the school hours. She had very less interest to help us in daily house hold work. On December 2010 she left my house permanently and never came back as well as she used threatened us to put all of us behind the bar by filing false criminal case like 498a. Even her mother also did the same. Even my wife called one of my neighbour over phone and told her to pass the message that she will put all of us behind the bar by filing false aligation.  We never ever did any physical or mental torture on her but I told her I will never stay with her family leaving my parents. We talked with her but she was not interested to come back so I filed divorce on Feb, 2011. Once she received the summon for divorce she outburst and filed a false criminal case 498a  having several nasty complains on us following which I had been arrested and put me behind the bar without having any investigation by the IO. On the very next day I got the bail. So there are two cases one is MAT Suit another one is 498a. Now she wants to come back at any cost at my residence, At trial of this 498a when she was asked for the evidence she told to Magistrate that there is a chance of reconciliation at the MAT suit and if the reconciliation succeeds then she will not continue the instant case which was recorded in the order sheet. I am very frustrated on both the civil case as well as criminal case. In the MAT Suit court is keep trying patch up between us although the reconciliation failed twice. Few days back I appealed to high court and got an order that this MAT suit should be disposed by October, 2015 without giving any unnecessary adjournment. On the other hand I got another order for speedy disposal of the said 498a case on 7th April 2014 and within couple of days it was submitted to the trial court but trial court still has not started the trial by giving unnecessary adjournments. Whereas it is clearly mentioned in the high court order that dispose this case without giving any unnecessary adjournment to either of the parties. I can not understand why the trial court has not started the evidence from the complainant i.e. my wife as she is not interested to provide the evidence. My wife is trying to come back heart and soul. Recently I filed a 2nd criminal revision for my case at High court. Now High Court mentioned in the order sheet that "This court is dissatisfied on the trial court for this kind of neglegency". Also High court mentioned the case needs to dispose within 3 months positively failing to which action will follow. Please let me know what kind of false evidence could be filed by my wife to prove this criminal case. I am saying we never tortured on her and she filed the complain upon receiving the summon for divorce although she left our home around 1.6 years before filing the FIR. 

 

 



Learning

 3 Replies

joy   15 February 2015

One point I missed in my previous post. During the first reconciliation process I met with my wife at a park and during the conversation she told that she filed this false case because I initiated the divorce case and also mentioned she did it as her lawyer suggested to her. On that time I was present in front of her with a pen camera having audio video facility  in my pocket. I recorded all these statement by her. Could please let me know is this could be present as evidence that I am innocent.  

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     15 February 2015

That's great that you have a proof. Electronic evidences are also valid as per Indian Evidence Act 1872.

 

The next step is appear in High Court and apply for quashing with speedy trial i.e. pray quashing first, if not granted then pray to make time frame of 6 months.


If you go with advocate than you will face a lot of trouble.

 

a) They will ask a lot of fees.

b) The case may be kept in backlog cause-list for long time.

c) They might say - Bench is getting change so your case is on hold.

d) They might say - Today is strike hence court is closed.

d) Blah Blah! - -  - - much more.

 

There is high chance that you will spend a lot of money but did not get proper judgement with advocates.


I strongly recommend to appear in-person(Without Advocate) in High Court and apply for quashing with speedy trial U/S 401 CrPC read with 482 CrPC and 483 CrPC. Sample petitions and other clues is given bellow links. It takes hardly 3 hearings / 3 weeks with no money expenditure, less headache and more liberty.

 

Submit all of your evidences and plead accordingly.

 

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

joy   16 February 2015

In my 2nd revision to the High Court , a order to the trial judge has been given by the High is to "dispose the case positively within 3 months failing to which action will follow". I have not shown the video to High court but appealed to provide a clear direction for the speedy disposal of the case. Although there was an order for the speedy disposal from high court on 7th April 2014 but the trial judge is also providing the unnecessary adjournment to my case. Even my wife said on dock at this 498a case that she is will not proceeds the instant case if reconciliation succeeds in MAT suit after reconciliation failed twice. I can not understand why this false criminal case is adjourned due the reconciliation at the MAT suit. Two are different cases. If she has any evidence why she is not providing those to the court. 


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