LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

baji   27 March 2016

sir 498a

Sir my wife filed 498 a case accusing me and my parents voice records as proofa against me but my parents did nothing they r in Indian army. I gifted a flat of 40 laks she is officer at corporation bank Plz guide me how to get over this problem


Learning

 5 Replies

Advocate Ram Prasad (Chief Lawyer)     27 March 2016

Where r u from baji?. Guntur Dst of AP?. I have recently done this type for muslim military families. 1st stop worrying. Contact a good lawyer nearby. U can also speak to me after court hours on my cell+91-91777-22930

Advocate Ram Prasad (Chief Lawyer)     27 March 2016

Where r u from baji?. Guntur Dst of AP?. I have recently done this type for muslim military families. 1st stop worrying. Contact a good lawyer nearby. U can also speak to me after court hours on my cell+91-91777-22930

SAINATH DEVALLA (LEGAL CONSULTANT)     27 March 2016

What is the stage of the 498a?

Vijay Raj Mahajan (Advocate)     27 March 2016

Voice recording is not always sufficient for proving criminal charges as these are always denied and to prove the veracity of the recording as correct the voice sample of the persons whose voice are said to be heard collected and matched in the forensic laboratory and still the voice recorded can be said to be doctored by expert actors for using it against the accused, the court will always insist for corroborating evidence to prove the criminal charges.

As far the gifting a immovable property worth 45 Lacs to wife is good defense for husband to disprove her charges of cruelty under section 498A IPC, the court by all means hold the charges made by wife as correct against the husband who is gifting an expensive immovable property to her cannot by any means show was treating her with any act of mental or physical cruelty or demanding any valuable from her that can be termed as dowry.

The family background of both parties too is taken in consideration while deciding the criminal charges.

The police complaint u/s 498A etc. IPC unless get registered as FIR has no value as the investigating Police Officer can always submit report as incorrect of the charges made by the wife after recording statement of both sides, checking the evidence collected during investigation and checking its veracity of being correct.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     27 March 2016

The said voice recordings shall have to be proved in accordance with the provisions of the evidence act . Unless the same is complied to , the same holds no value .

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register