what are the facts in issue in 498a?
Querist :
Anonymous
(Querist) 27 May 2010
This query is : Resolved
hindu,wife deserted after two months of cohabition with pregnency(male child).she wants me to get to her home and need salary and leave my old father.after one year i gone for rcr.she filed 498a case on my father and brother.in case she stated that
"my father & brother demanded dowry and she given some times and harassed with unto words after failure of giving dowry she necked out from our house"
this is all false.
1)what are the "facts in issue" inthis case?
2)if i prove this is a false case is there any ground for divorce?
3)what is the difference between "not proved" and "dis proved"?
Raj Kumar Makkad
(Expert) 27 May 2010
1. Demand of dowry on a particular date, time, mode, persons, presentation of dowry some time-to whom, when, what, how, necked from house-how, by whom, when, mode, time etc.
2. Yes.
3. If a fact is prima-facie seems true but prosecution fails to prove it then it is called not proved and if neither it is prima-facie seems true not is proved then it is called disproved.
G. ARAVINTHAN
(Expert) 02 June 2010
a) Cruely on the basis of demand of dowry
b) can be a good ground
c) Not proved - not placed evidence on a said fact
Disproved - evidence placed to prove the case is not sufficient or against
