Changes to divorce petition based on output of 498a investigation
Querist :
Anonymous
(Querist) 28 November 2011
This query is : Resolved
hi
i am facing both divorce and 498a case same charges for both, during investigation i proved certain charges are flase, can my wife remove those from divorce petition by submitting an application.
add can she make news charges in divorce petition to compensate lose of charge which is in 498a investigation
M/s. Y-not legal services
(Expert) 28 November 2011
your query need some more details. i feel the stated particulars not enough to clear you doubt.,
whats the status of divorce case? who is the petitioner in divorce case? its fresh case or already long pending.
M/s. Y-not legal services
(Expert) 28 November 2011
if she petitioner or.,
if you are petitioner and she filed counter statement mean she can not reverse from her stated words.
Devajyoti Barman
(Expert) 28 November 2011
Whatever you show during the investigation, the Police would do whatever it wish to and most likely it would submit charge sheet under the sections preferred by the wife.
Even if certain sections are removed at the time of submitting charge sheet that is not going to affect the divorce case in any way.
Though she can make changes in the diovrce petition by way of amendment of pleading , that is not going to make much effect in the criminal case.
M/s. Y-not legal services
(Expert) 28 November 2011
any one can file amended pleadings.. if your wife do so mean your case will more chance to succeed. dont worry.
Raj Kumar Makkad
(Expert) 28 November 2011
The procedure to lead same facts in both cases is entirely different so family court is not bound by the judgment passed or enquiry made in 498A IPC case. Same is the story with the petitioner. She may or may not add or subtract any pleading from this petition on the basis of results of 498A as the same is not going to affect materially, however, husband can be benefitted if the same allegations stand mentioned in divorce petition.
Sailesh Kumar Shah
(Expert) 28 November 2011
@Author
please don't amend your query.
subsequent query should be post in below "REPLY Message" box.
Querist :
Anonymous
(Querist) 28 November 2011
hi
I am aware of the fact, no matter how much proof i provide to police they would ignore that they would file chargesheet in wife favor.
My question common charge made in 498a and divorce can be removed based on cross questioning in other case.
For example, I am accused of slapping my wife on a date which i am not in even state. Can she remove /modify charges in divorce petition, since Ihave provided proof to police.
Second, it is mentioned that I had fight with girl family in open during marriage cermoney for dowry. Can this charge in petition be removed now, since they now realse I would show marriage video to show how happy everyone was on that entire day.
Also, I would get lot of witness for that same.
Rajeev Kumar
(Expert) 28 November 2011
Agree with view of experts
Rajeev Kumar
(Expert) 28 November 2011
Agree with view of experts
Rajeev Kumar
(Expert) 28 November 2011
Agree with the view of experts
Rajeev Kumar
(Expert) 28 November 2011
Agree with the view of experts
Shonee Kapoor
(Expert) 28 November 2011
It is difficult to amend the pleadings once the WS is given, it can be amended only if the said fact was not in knowledge of the party.
Concentrate on better things dude.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
