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Manish (It Professional)     10 August 2010

What if Final report is converted as complaint case in 498a?

If wife filled a false case in 498A and other domestic violence related IPCs and police filled a Final report stating that wife denied to stayed with her husband and family and there is no evidence found or given by wife at the time of investigation. Lower court partially accepted the final report and mentined in the judgement that this case is converted as a complaint case and will hear the wife with evidences, There is no evidence available with the wife.

1. Can this case be converted back to state case?

2. If judge accepts the wife's verbal statement than what are options available with the husband.

3. Can the basis of converting case into a complaint case i.e. false allegation be considered as ground of divorce.

4. In general case, if husband won the 498a case then how much time it will take for divorce.



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 5 Replies

Arup (UNEMPLOYED)     10 August 2010

1. it may start as complaint case, but a stage may come, where concerned court may ordered for a state case.

2. wife's witness and evidences to be recorded. only verble statement not enough. it should be supported by evidenceses and witneses. otherwise the case shall be failed.

3. if the complains found false - it is cruelty to husband and liable for divorce.

4. it depends upon the court. any how you have the right to get an early decission


(Guest)

1. A pvt. complaint is bound to get coverted into proper trial after police report which is other way around 'tactics' of a smart criminal advocate to get procedure lacunas covered and get approval of criminal court  to run trial i.e. a proper complaint case U/s 498a IPC knowing fully well that Police is not cooperating when the lady reached a Police Station with her sob stories but when the lady reached a advocates chamber this is what happens.


2. Ever heard of "abuse of process of court" ? Ever heard of Lallo Prasad Yadav vs. State of Bihar and Bhajan Lal Vs. State of haryana Cases on quash now read next help para...


3. Use S. 482 and quash it, if you so sure that all her allegations are "bald" as well as "false" and it amount to abuse of process of court to run the case any further.

 

1 Like

Manish (It Professional)     10 August 2010

Thank you Arup ji.

Manish (It Professional)     10 August 2010

Thank you Mr. Arun, I am trying to reach High Court with the help of lawyer to quash the case, I am very much sure and a logical person by just reading my wifes case can identify that the case is fully false and fake, she just want a hefty amount of money.

Arup (UNEMPLOYED)     10 August 2010

has she filed the petition, against which you want to go to highcourt?

let her put the evidence, otherwise it will be an advance comments.


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