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NUT (Programmer)     25 August 2014

498a

498B left home on 23rd , 23rd night complain on PS ,  Police didnt listen , She brought her father and FIR on 25th in place X. went to place Z 350KM away from X . Got admitted as outpatient in government hospital and got medical certificate for the complain she gave in PS .

Based on this she filed DV in Place X . Now the case is running .Criminal at its heights 

What guys can do at max, I did it in place Z , gave her divorce notice .

Now the question how strong is her case against me ?.

PS: 

498a on me ,

DV case on me and parents .

 

 



Learning

 7 Replies

Laxmi Kant Joshi (Advocate )     26 August 2014

If she had filed medical certificate alongwith her police report then it is severe in both the cases 498a & DV .
1 Like

NUT (Programmer)     26 August 2014

Medical certificate is outpatient medical certificate , that too from a place 350 km away after three days of leaving house . For argu sake : if at all I hit her and she was badly injured and wanted to put me behind bars ... She could have done it comfortably by getting admitted in same area govt hospital dialed police home and friends and family home . Not like going out of matrimonial house packing her luggage thinking over a coffee/ samosa table along with her criminal company then coming to house at night with police . Then threatening me that if I need life , fall in her feet. Along with me my father/ mother also should fall in her feet . Now laxmi Kant sir , please suggest me how to handle this situation . This arguement I am doing it from her evidence submitted in DV case .

(Guest)

MC is valid when the aggrieved patient been treated within 48 hrs . from the local jurisdiction where the crime been happened.


Generally all police station have a near by Sadar Haspatal (Govt. hospital) , where they are reff. to obtain such medical report to proceed for an FIR.


Now, in your case does the complainant move to nearest police station ?

NO.


Does she get treated at nearest Govt. hospital to obtain MC?


No.

 

Does the govt. hospital reff. her to the nearest PS to obtain the instruction from police station for such report?

 

NO.


 

Then it's simple:

She went 350 Km away and enjoy her picnic with her parents and siblings. Come with a well planned MC by paying some few thousands to the authority of that said hospital to obtain that MC.

 

 


PS: Hire one experienced lawyer who has won these type of false cases in favor of husbands.

 

 


ESIS


1 Like

NUT (Programmer)     26 August 2014

Originally posted by : Every Sufferer is a Saviour...

MC is valid when the aggrieved patient been treated within 48 hrs . from the local jurisdiction where the crime been happened.





Generally all police station have a near by Sadar Haspatal (Govt. hospital) , where they are reff. to obtain such medical report to proceed for an FIR.





Now, in your case does the complainant move to nearest police station ?


Yes





Does she get treated at nearest Govt. hospital to obtain MC?





No.


 

Does the govt. hospital reff. her to the nearest PS to obtain the instruction from police station for such report?

 

NO.




 

Then it's simple:

She went 350 Km away and enjoy her picnic with her parents and siblings. Come with a well planned MC by paying some few thousands to the authority of that said hospital to obtain that MC.


 

 




PS: Hire one experienced lawyer who has won these type of false cases in favor of husbands.


 

 




ESIS



 

Biswanath Roy (Advocate)     28 August 2014

This case will go against your wife at the time of evidence and cross examination.  In this context  I like to mention an incident ,- when I was quite young and was a Junior to a renowned Senior Counsel of criminal laws in India at that time this incident happened. While he was in a legal conference with a mid-senior counsel to opine upon a  petition drafted by him at that time Senior Counsel said it is drafted nicely but beware at the time of disposal of this case the accused may show you his under part  by lifting up his LUNGI. The ultimate fate of your wife's case will be the same.as  I apprehend.

1 Like

NUT (Programmer)     29 August 2014

Dear Biswanath Ji,

So far there were ten hearing in this case i am attending every alternate hearing . She didnt attend first 4 dates ...I got pissed off and my job is at stake if i keep shuttling for such cases four times in a month .

She in the last hearing has brought Mahila Group to create support .My Question is if any of these group deliberately assault me in Court what should i do ?.

My lawyer friends said to remain calm, I am not the legally bound to answer them . the case is in court only Judge decides .

T. Kalaiselvan, Advocate (Advocate)     30 August 2014

Bringing in mahila group to support her in the court complex is a gimmick and show of her strength to frighten you. Don't get excited by it or scared. Mahila group cannot do any harm to you, in case you apprehend one, ask your lawyer to represent about it in the court so that the judge may instruct her to abstain from such activities. Further, your personal appearance each and every time is not very much necessary, you may ask your advocate to file a petition during your absence to condone it. Her case is a master mind strategy which can be properly challenged, cooperate with your advocate by feeding him with necessary details as and when there arises a need for it.
1 Like

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