Uma Maheswara (consultant) 07 March 2014

498a 161 statement in divorce case

Hi,

My wife filed a false 498a case at Rayagada in May 2010 and there in IO investigation they recorded that she had taken her jewellery and clothes from our house at Visakhapatnam, Also, there is no mention of harashment or illtreatment in FIR and the witness statements recorded in 498a case, She is not attending the 498a case but attending the Divorce/Maintenance case at Visakhapatnam regularly.

I would like to know if the 161 statements recorded by police can be used in the Divorce/Maintenance case?
I asked her to return the jewellery We gave to her, yesterday she filed a counter-petition to my petition stating that she left the jewellery at my house. actually she left the house stating that her grandmother is unwell(the same statement is recorded by police) when she left the house she has taken all the jewellery. Do we need to file any petition in court to use these recordings by police in 498a case to be used in divorce/maintenance case?
My wife till date after filing 498a case in May2010 to date, did not appear in court even thou summons have been issued by court but she attends the divorce/maintenance case at Visakhapatnam, Please let me know what to do.
My wife till date after filing 498a case in May2010 to date did not attend court can this be used as a reason and request the judge to dismiss the case? Can my family file defamation case against my wife and her family if the 498a case gets dismissed?

Thanks

Mahesh

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4 Replies

Deekshitulu.V.S.R (B.Sc, B.L) 15 March 2014

Statements under Sec. 161 is not a substantive piecce of evidence. They can be ussed for omissions and contradictions, provided, the person who gave the statement enters the witness Box. Summon such person and use his statement if necessary.

If your wife is not attending 498A case imprfess upon the judge to close prosecution evidence

Shantanu Wavhal (Worker) 15 March 2014

I asked her to return the jewellery We gave to her

its her stri dhan - u can NOT ask it back

can this be used as a reason and request the judge to dismiss the case?

YES

Can my family file defamation case against my wife and her family if the 498a case gets dismissed?

no need

Uma Maheswara (consultant) 16 March 2014

@Deeksh*tulu.V.S.R

I need a clarification as the FIR filed by my wife, and statement recorded by police and her family members, relatives gave statements in 498a case which are all contradictory and no mention of any harashment or ill treatment by our family. I would like to use them in the cross examination of my wife and her father during divorce/maintenance case. Is it possible? do we need any permission from the family court judge as these statements are given in 498a case? Her lawyer is raising objections saying statements given in 498a case should not be used in divorce case, is it true?

Thanks

Mahesh

Uma Maheswara (consultant) 16 March 2014

@Amit,

What do you mean by stridan? My lawyer filed petition asking to return the jewellery and the petition is allowed by the judge, if it is stridan and not correct they should have filed counter petition but till date my wife has not filed any petiton.

If she takes all the jewellery given by us after staying for 6months and still demands alimony then it is business. I don't know what is stridan

Thanks

Mahesh