False 498a & dv act
RAY
(Querist) 23 November 2011
This query is : Resolved
Dear Experts,
My wife lodge a false 498A/DV against me in the ground of impotency, but medical tests say that i am 100% ok.
I am now on bail.
The IO gave the Charge Sheet. There only charge against that i am physically incompetent to maintain conjugal life. Witness are only my wife, father in law, and brother in law.
My lawyer wants to file "Discharge" petition first, if that fail then he will take that matter to HC (KOLKATA) for "Quashing" on the basis of rejection order of the lower court.
As said earlier Charge Sheet has been issued, we will get CS with in 2/3 days.
Now my questions are as follows:
1)Our procedure is right/wrong?
2)How long it will take to Discharge/Quash after filing?
3)Can the Witness of CS (u/s 161 as stated above) occur disturbance of quash/discharge?
4)After quash, is there any chance to quash DV Act also? ( As both petition of 498A & DV is same in all respect)
5)In DV petition, she claimed 10Lacs as compensation & 10000/- maintenance per month. Is that possible after making such wild & false allegation? ( For your information I just want to add that she herself is a lawyer)
6)As said earlier, they continuously called us & pressurised to accept “NULLITY” on the ground of physical discrepancy and try to extort money from us. What should we do? Any legal action against them?
Regards
498-DV-KOL-BOY
Shonee Kapoor
(Expert) 23 November 2011
Quash/ Discharge happens on legal grounds only. If grounds are made out, it is good.
But why take both remedies... Take only one.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
RAY
(Querist) 24 November 2011
Thanks for your advice. Please give me the suitable advice for the other above mentioned quires also.
Devajyoti Barman
(Expert) 24 November 2011
1. Not sure unless the whole case history is known to me.
2. You must understand both are different things and the time taken to dispose of these applications depends upon the court where is it pending. If it is pending in Kolkata lower courts then it would depend upon in which court like- Alipre or Bankshall it is pending.
3.Yes
4. No on this ground alone.
5.No
6. File a case of criminal intimidation.
