Sessions court has dismissed/quashed 498a case
Sonu
(Querist) 12 July 2013
This query is : Resolved
Hi All,
I am looking for your valuable inputs on the below matter.
My wife filed 498A case against me, my parents, sister and brother in law.
I was in jail for 3 days. This was happend around 2 months back.
On 4th day my wife came to police station and given a written statement saying that "The info mentioned in FIR is false. I was in anger when I lodged false complaint". And I was released from Jail on 4th day.
Later the case was dismissed in the court and we got the xerox copy of FIR, my wife's written statement and copy of dismissed case from court.
So I have few questions on these:
1) By showing these documents if I file a counter case against my wife, chances of winning the case will be high or low?
2) By showing these documents, if I file for a divorce, can I get the divorce easily?
3) Can I file counter case at my home town or should I file it where 498a was filed against me?
4) Is there any time limit to file the counter case? If I file the counter case after 2 years will that be a strong case?
adv. rajeev ( rajoo )
(Expert) 12 July 2013
Om the basis of the written statement you cannot file a case. Xerox is not admissable in the court.
Devajyoti Barman
(Expert) 12 July 2013
This is not a ground of divorce especially if she admits her fault out of her anger.
You better seize this opportunity for a new beginning of life with her.
Give her second chance.
Sudhir Kumar, Advocate
(Expert) 12 July 2013
A hope of reconciliation is emerging you should try. You have to be thankful to her. She could have continued the matter for years with no respite to you. This forum is full of queries by such suffers.
Sonu
(Querist) 13 July 2013
Dear Devajyoti Sir,
I appreciate that you are trying save life of two families.
But tell me frankly whether I can file a counter case on the basis of written statement and case closing documents from the court?
Thanks in advance Sir.
Nadeem Qureshi
(Expert) 13 July 2013
Dear Sonu
yes you can file a counter case, this is a best ground for filing divorce case against her, but if there is any chance to settle the matter and save the marriage then first of all try for this.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 13 July 2013
There will be long journey and you have to collect more evidence and circumstances.
1) Far expert Rajoo photocopies are allowed in criminal cases.
2) You may get divorce even on this solitary case but you can not escape financial liabilities.
3) This is not the place for suggesting counter actions, you should engage a fighting local advocate.
You have to consume the energy and resources of opponent by multiple cases than only expect to achieve some results.
