Evidence in 498a


My wife filed a false 498A/406 on my family even after a physical separation of 02 years. Now police has submitted a false chargesheet after another one year to court recently. The chargesheet that I received from court has no supporting documentary evidences attached related to the charges framed on me. Only there are 03 witnesses except the IO (my wife, her father and mother). My question is (1) Can the opposite party submit more false allegations/evidences/witnesses at later stage which are not considered in the chargesheet?? (2) She left my home at her own will on 2014 and she lodged the false FIR on 2016 by bribing police. Will this 498A/406 case be maintainable? (3) The FIR or chargesheet donot contain any date and time of any alleged incidence as all of them are fabricated and false. Is there any chance that the case can be discharged at charge framing stage by magistrate or quashed in high court? (4) Definitely wife and her parents will give false statements as taught by her lawyer. Will the court give weightage to the statements of her parents and convict me on that basis, coz they are interested witnesses??? (5) Does court rely on witness statement only or it requires to be established the fact fully by documentary evidences in a criminal trial before giving judgement of conviction??? (6) From several persons I have heard that lower court judges are majorly corrupt. Is there any chance that the opposite party can bribe the judge to get my conviction judgement even when it is a false criminal case?

 
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Advocate

Sometimes, people will make a mockery of the judicial system by filing of several false cases against their opponents to settle scores, thereby precious time of the court would be wasted in conducting the trial of those false cases. These type of frivolous and vexatious cases must have been nipped in the bud by imposing heaviest cost to get rid of the judicial backlogs to some extent.

 Thanking you,

 
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Social Service

As per your very first question in this forum, it seems you have been fighting the case for the last one year. But, instead of discussing the police action against you or your family and the present status of the case, you posted questions for the experts merely to make their predictions,m like fortune tellers. You should know that nothing can be assumed before the actual outcome of the case, more particularly, when none of the experts have gone through the petition against you. Only your own lawyer can tell something with some guess, as he would have gone through your case thoroughly.

Secondly, you have not discussed what is your own lawyer's opinion in the case.

Lastly about your question, "From several persons I have heard that lower court judges are majorly corrupt. Is there any chance that the opposite party can bribe the judge to get my conviction judgement even when it is a false criminal case," I would prefer to put a counter question, what actually is your own personal experience, as you seemed to have been fighting the case for the last one your?

 

 

 

 
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CEO

Its not absolutely true that majority of lower court Judges are corrupt. Some of them may be.During  ex Chief Justice KG Balakrishnana's time Judges salary  in  the entire judicial Hierarchy has been substantially increased .False cases die there own natural death. and all cases including section 498A may be dismissed or quashed. other salso may meet the same fate.If oral evidence  fail courts may go by documentary and circumstantial evidence to arrive at the truth. Hence don't panic.Doiscuss with you rlawyer in detail all douts in your mind and and go by his guidance.Section 406 is pertaining to you restranged wife's Stridhan. You  must return at the time of divorce.

 
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FIN

The litigation is on.

Approach a very able counsel of unshakable repute and integrity specializing in Family matters.

Your counsel can appriase you on merits anddefects and take you out of fale cases and legal mess ( as posted by you).

NO comments on generalised  feeling on corruption in judiciary.

 

 
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FIN

LCI expert Mr. Shonee Kapoor has well nourished exclusive blogs on such matters.

If you wish you can go thru these.

 
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