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498_final stage (Professional)     07 July 2016

No show at evidence stage from girl and her mother in 406

GIRL AND HER MOTHER HAS STOPPED SHOWING UP AFTER FILING 406 IN KANPUR. THEY FILED IT AFTER 2 YEARS OF FILING 498A (GHAZIABAD)

NOW THEY HAVE STOPPED COMING TO CASES.

IN 406 THE JUDGE FINALLY ASKED THE STENO TO TYPE FOR QUASHING UNDER CRPC 203 ETC.

MY QUESTION IS THE CASE WOULD BE CLOSED BUT THE CHARGES WERE STILL NOT PROVED"

DOES THIS AMOUNT TO CRUELTY? CAN I USE THIS TO WIN DIVORCE?

 



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 4 Replies

Vibha   07 July 2016

 

  1. Use certified copies of daily orders that indicate complainant was absent for evidence.
  2. Filing criminal case on husband and then disappearing from court dates also amounts to cruelty.
  3. You will get divorce on these grounds if case is presented and argued properly by able lawyer.

498_final stage (Professional)     07 July 2016

Thanks a lot Vibha, I have audio recordings of the girl where she disclosed this plan to me well before filing these cases. It was first month of my marriage. Her behavior was very dubious.

Is there any clause where I could show these audio recordings to the 406 judge. The recordings are admissible according to the new rulings regarding electronic records (Anvar and Basheer + Shamsher singh vs state of Haryana)

I want to use that judgement for filing counter cases on those crooks.

 

Vibha   07 July 2016

  1. Judge seems to have agreed to dismiss case under CrPC 203 so no question arises of you providing evidence in your defense.
  2. If you have evidence of her malcious intent you can initiate civil as well as criminal cases against her. 
  3. Before you prepare the counter attack, it is advisabe to first focus 100% on securing your acquittal.

498_final stage (Professional)     07 July 2016

I agree. Focusing on that only. I am trying hard to get this 406 quashed first. They are trying hard to finish divorce.

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