DVAct 2005, 498A, 406 - Queries.

Querist : Anonymous (Querist) 12 May 2011 This query is : Resolved
Dear Sir / Madam:

As I came to know through Experts that It is Possible to File for Quashing DVAct 2005, 498A, 406 in HC Parrallelly to On-going above Cases in Metropolitan Majistrate's (MM) Court.

I have few Queries with regards to above:

1. In Jan'11 Cases DVAct 2005, 498A, 406 were Filed against us. but, till date Arguments & Evidences have NOT yet started. We have been getting Dates till now. IS IT STILL POSSIBLE TO FILE FOR QUASHING ABOVE CASES IN HC?

2. Does the MM allow Audio (Mobile) Recordings as Evidences? As the Evidences we have can go against the Wife. All the Allegations made by her can easily fail & proved false.

3. Do we have to take permission from MM or any other Court to allow Recordings AS Evidences?

4. Generally, How long does the MM take to Pass any Judgements in such Cases? Is it that the Wife demands Compensation & MM simply passes it?

5. Does the Wife need to Prove the Allegations She has made Against us in front of MM?

6. The Wife DOES NOT have any Proofs of whatever Allegations she has framed against us? Could the MM still favour her?

7. The Wife has stayed in her matrimonial home practically just for 30-35 days. Does she still have a chance of claiming compensation?

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M/s. Y-not legal services (Expert) 12 May 2011
Yes. Still you can file quash petition before the honourable high court..for quash the charge sheet..

M/s. Y-not legal services (Expert) 12 May 2011
And now a days the audio evidence not admittable before court of law.. And burden of proof is the complainant's only.. You need not to be proved..

M/s. Y-not legal services (Expert) 12 May 2011
If this case is proved against you mean she can claim compensation against you.. More over either case is proved or dismissed she can claim maintainance from you.

Querist : Anonymous (Querist) 12 May 2011
Thanks for your Reply.

Sachin Bhatia (Expert) 18 May 2011
1) Yes you can still file for quashing at this stage of the case.

2) Yes the MM allow Audio (Mobile) Recordings as Evidences.

3) Yes you have to take permission from MM or any other Court to allow Recordings AS Evidences.

4) There is no prediction for time limits.

Sachin Bhatia (Expert) 18 May 2011

5) Yes the Wife need to Prove the Allegations.

6) Depends on your case.

7) Yes she can claim maintenance from you.

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