Mentally ill accused
Athi Vishal HD
(Querist) 07 February 2019
This query is : Resolved
Respected Sir, MY name is Prashanth. My wife involved in un lawful activiities(to obtain false Certificates like Income certificate, Physically Handicap certificte etc.,) After coming to know that, I am being an Govt. Servant immediately started questioning about her illegal acts, she tried to commit suicide by hanging herself. I immediately with the help of neighbours broke open the door and admitted her to Hospital. I borne all the hospital expenses of Rs.5 lakhs. But hiding all these facts my in-laws filed a complaint in Police Station and the case is now in court trial u/s 498a, 504, 506ipc. Now my wife is 100% mentally ill.
To defend my self I gave complaint against my wife for having fake handicap certificate. Police writes to medical board and the board clearly gives in writing that she is not a handicap and she is 100% normal . That proved my case. But suddenly police says that since she is mentally ill, court will not accept chargesheet, hence they will file B report to court. But at the time obtaining handicap certificate she is mentally normal. Pl give me suggestions what would my next step to pressurise the police to file charge sheet
Isaac Gabriel
(Expert) 08 February 2019
File petition for directions to file FIR,
A. A. JOSE
(Expert) 08 February 2019
As you stated that now wife is 100 per cent mentally ill, no purpose would be served by initiating legal proceedings her except that of wasting your own money, time and above all peace of mind too.
P. Venu
(Expert) 08 February 2019
Has the report been accepted by the Court? if not, you bring the matters to the notice of the Court.
Athi Vishal HD
(Querist) 08 February 2019
Sir, if I proved this case, I will get benefit in 498a case
Dr J C Vashista
(Expert) 09 February 2019
Both the issues / cases are different.
You will have to contest the case filed against you, through a local prudent lawyer.
You should (rather must) move in FIR case lodged by you against your wife, which would also be a counter to her case.
Collect all the evidences to prove your case.
Seek professional services of a local prudent lawyer.
Athi Vishal HD
(Querist) 10 February 2019
Sir added to this quiery, police regd FIR against my wife and doctor reg handicap certificate. Case is already proved my side and it's in a stage of filing of charge sheet. In a maintanance case when we asked my mother-in-law in cross exam abt this, she agreed that she has also involved in making of handicap certificate and she told that she never reveals this to me because her daughter((my wife) was physically normal at the time of marraiage.I took certified copy of her statement which is given before judge, I gave it to police with a written request to add my mother-in-law as a 3rd accused since she herself admitted in open court. But police refused to do so. Sirs pl give Ur valuable opinion abt adding of my mother in law as accused.
