498-a

Guest (Querist) 09 May 2021 This query is : Resolved
A brief of my case is as given below My wife had filed a false 498-A case on me and my family (father and mother) in 2018. She had also left her 3-month-old son in the custody of mine in 2018. In 2020 her chief, she has accepted that she denied for her son in front of police and front of the family committee and denied to take our 2-year-old son in front of a judge in 498A. In her chief of 498-A case, she put so many allegations on my family and me. My father and mother are suspects in this498-A case by the police. Many of her allegations proved wrong by us. In her chief “She said that I (husband)threatened her to do suicide and I (husband) & family will make such circumstances that she will do suicide on her own” without any date or time. Now in chief of her family (father and mother), they have also added more allegations on me and my family and also alleged that her daughter could do suicide as her husband said that I (husband)threatened her to do suicide and I (husband) will make such circumstances that she will do suicide on her own” without any date or time. All these are false accusations made by the family and their relatives (Father and Mother) because the verbal allegation does not require proof in courts. My father-in-law and mother in law they are also repeating the same thing in their chiefs. All these are false accusation are verbal allegation does not require proofs in court. (Father in law and mother in law cross yet to be done and it got delayed due to covid -19. I am in a serious dilemma Kindly advise me that what should I do now and how should I proceed in my case further. How can I prove my innocence?

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This discussion details a challenging situation where a wife filed a false 498-A case against her husband and his family, including allegations of her son's denial and threats of suicide. The husband is seeking advice on how to prove his innocence and proceed with the case, especially as the prosecution evidence stage has been reached. The advice given suggests consulting with his lawyer, providing them with all facts, and preparing for the cross-examination of witnesses.

Dr J C Vashista (Expert) 10 May 2021
The case is already stated to be in the stage of prosecution evidence, therefore, it would be proper to peruse entire case file before forming an opinion, making any comment and advise/oblige you.
Your lawyer (engaged and paid for the case) is well aware of the facts/ circumstances of the case, an able, competent and intelligent enough to satisfy your question(s), have faith in him / her and proceed as advised.
However, if you have lost faith in your lawyer it is better to change him / her immediately but do not expect miracle from experts on this platform as their opinion and obligation has to be based on limited facts posted by you, which may or may not be appropriate.

Pradipta Nath (Expert) 10 May 2021
What is your lawyer's view point on this?

P. Venu (Expert) 10 May 2021
Yes, at this stage of the trial, your lawyer ought to be your guide and mentor. Moreover, your query too omnibus and subjective to offer any meaningful suggestion.

T. Kalaiselvan, Advocate (Expert) 11 May 2021
You cannot do anything about it until and unless you have not engaged the services of an advocate to defend you and your family members.
They have deposed their evidence in chief alone and they are yet to be cross examined, hence you may give instructions to your advocate about the background facts and may follow it up through him during the process of cross examination.

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