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False allegation of determining the sex of baby

(Querist) 11 February 2018 This query is : Resolved 
Hi,

My wife put a false allegation of determining the sex of a baby when she was 13 weeks pregnant in the affidavit submitted as an evidence in the CRPC 125 case. However, this is completely false. In fact, I googled and learned that the sex of a baby cannot be determined until 18 weeks of pregnancy.

The CRPC 125 still in evidence stage and I am paying the interim maintenance ordered by the Hon' Court.

Do I have to wait until I prove not guilty in all cases ( 498A, DV, and 125) or is there anything I can do right away? Please suggest.

Regards,
Ankur
Ms.Usha Kapoor (Expert) 12 February 2018
Sex of a baby medically cannot be determined until the fetus is 13 lo 15 weeks old.You'll have to prove not guilty in 498 A and Domestic violence cases. Interim maintenance under section 125 Cr.P.C you will have to pay as per the court's order as it takes into account your source of income and your wife's source of income.and then determine.
Ms.Usha Kapoor (Expert) 12 February 2018
Sex of a baby medically cannot be determined until the fetus is 13 lo 15 weeks old.You'll have to prove not guilty in 498 A and Domestic violence cases. Interim maintenance under section 125 Cr.P.C you will have to pay as per the court's order as it takes into account your source of income and your wife's source of income.and then determine.
Ms.Usha Kapoor (Expert) 12 February 2018
Sex of a baby medically cannot be determined until the fetus is 13 lo 15 weeks old.You'll have to prove not guilty in 498 A and Domestic violence cases. Interim maintenance under section 125 Cr.P.C you will have to pay as per the court's order as it takes into account your source of income and your wife's source of income.and then determine.
Ankur (Querist) 12 February 2018
Thanks Ms. Usha Kappor so does that mean I have to wait until I prove not guilty in all cases then only I can file something on her? Can my sister file something against her as she also pulled my sister in this case? What are the possibilities ?

Regards,
Ankur
Ankur (Querist) 12 February 2018
Thanks Ms. Usha Kappor so does that mean I have to wait until I prove not guilty in all cases then only I can file something on her? Can my sister file something against her as she also pulled my sister in this case? What are the possibilities ?

Regards,
Ankur
Ms.Usha Kapoor (Expert) 12 February 2018
If your sister emerges clean in 498A etc proceedings the cases including DV case will be quashed. In other words court will give your sister a clean chit if she is innocent.If prima facie case out is not made out against her also she would be emerge clean then the case against would be dropped.Your Sister can file malicious prosecution case against her./your wife.
Ms.Usha Kapoor (Expert) 12 February 2018
If your sister emerges clean in 498A etc proceedings the cases including DV case will be quashed..If no primafacie case is made out against her also the proceedings would be dropped. If n this case and if-prosecuted she emerges clen or ends in acquittal she can file malicious prosecution case against your sister or criminal definition etc., perjury etc.If the prosecution fails to prove you are guilty earllier than their there trying to prove that they are innocent accused wil be acquitted.
Dr J C Vashista (Expert) 13 February 2018
Instead of expecting some way out to your case(s) from experts on this platform you will have to provide necessary information with respect to facts of the case(s) its reply and rejoinder.
Why don't you continue to seek professional advise and guidance of your lawyer contesting your case(s) ? However, if you have lost faith in him/her (your lawyer) you should change him/her immediately. It would be damaging and dangerous for you to seek obligation of experts on this platform on the basis of one-sided half stories, except the fact it is available FREE OF COST, but don't adventure.


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