Mahindar (Tech Engineer) 11 November 2013

Legal validity of statements of 498a wife.

Hello experts,

As I posted my case earlier, I have another question reqarding the legal validity of wife's statements.

Brief history :-

Wife and FIL created a fight 2 months at my house, called PCR and then left for their hometown. They filed a complaint in DCP office in my city, and a complaint in their native CAW. But then didn't demanded any action on thier DCP's complain.

the allegations are :- dowry harrasment, 406, DV, against me, and every member of family and some close relatives. Even those who are residing in other cities.

No FIR registered til now, wife also took back the CAW complaint on the condition that, I will stay away from my parents and wants her marriage expenditure back.

what should I ask her to provide in writing ? does her sending a letter to me stating that "never harassed for dowry" work ? I askd her to give a statement in court, but she is refusing. She is cunning and has cheated me many a times in past with her own sweet/inteligent way. How ,and what all statement should I ask her for ? what would be the safest way to avoid 498a from her in future ? I have child and I am a bit reluctant to go for a fight, coz that will surely end in divorce !

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2 Replies

Laxmi Kant Joshi (Advocate ) 11 November 2013

if you don't want to go fight with your wife and fiL because of your kid its o.k then reconcile the matter by taking help of your elders , relatives or your near and dear ones . It will be good for you both and your child if you settle the matter amicablely .

Mahindar (Tech Engineer) 12 November 2013

I am already in talks with my wife, and she is ready to come back on certain conditions (she needs all the marriage expenses back, all the jewellary that she has kept in her parental home, will remain there, and most importantly - she wants me to leave my parents and stay alone).

Wife is very dominating and FIL is abusive person, no one in this world can change him. He's one who created trouble with his men entering my house forcibly, and then filed police complaints. They can't be trusted now. Especially not just on my wife's words.

Wife is ready to give some kind of written proof, that the quarrel is becoz of ego and there's no "dowry harassment". But she is only agreeing to give any statements after fulfill her demands, and after reconcile.

I want every proof before the start of reconcile, what should I ask her to write. Please suggest some live saving lines. Should I ask her to write a notarized letter or statement on plain paper will work ?

Some suggested to go for statement recordings in front of magistrate under section 164, if wife agrees, its the best proof.

WHAT IS LEGAL SANCTITY OF :- 1 ) Wife statements on plain paper 2) on Notarized paper 3) Her letter to police telling her aquisitions were false 4) recorded statements in front of magistrate.