Wannabe CA 20 June 2018

Evidences under section 498 a

Hi, A false case of sec 498 A has been filed by a planned conspiracy from my wife's relatives and on the pretext of inviting my family for a dinner meeting, they had instigated us by making false accusations and recorded everything in a mobile. They have also saved the screenshots of whatsapp messages of my private conversations with my wife (which are as simple as calling a donkey/pig or usage of simple American slangs). How far these can be considered evidences under the court of law while deciding the case. And how far these accusations be considered as "cruelty" and "psycho behavior" The wife wants compensation/money at any cost

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Vijay Raj Mahajan (Advocate) 20 June 2018

That's always the first and foremost the wife looking for money/compensation for which criminal complaint under 498a IPC is filled against husband and relatives. All that matters how much you are ready to shell out of your pocket for her and her advocate etc. Rest of the things like recording of conversation etc.use as evidence require proper certification of genuineness as well these were the actual recording done of those persons for who it is being used. In other word proper forensic report of its genuineness etc.all these very difficult to get as accused cannot be forced to give voice sample for forensics test of voice in recorded conversation.