498a
pawan ahuja
(Querist) 18 October 2016
This query is : Resolved
Respected sir, my wife has filed false 498a few months ago & they were ready for mutual consent divorce. I have also the recording of the wife where she accept & says that filing 498a is just to create the ground of divorce so my question to you is whether I should play this in court or in police station.
Sudhir Kumar, Advocate
(Expert) 19 October 2016
Divorce will not bring end to the criminal case.
If you produce this evidence in court then she may deny the same to be said by her and you go in whirlpool of directions to the police to take voice sample and get forensic examination etc.
Seek such affidavit from her and go for Mutual Divorce and the said affidavit can be used for closure of the case.
Guest
(Expert) 19 October 2016
For what purpose do you want to play your recording in the court of law, as 498A case does not relate to divorce issue?
However, you may better file a separate case for divorce, where you may think of using of your recording.
Ms.Usha Kapoor
(Expert) 19 October 2016
File SEPARATE E SUIT FOR DIVORCE.498 A has nothing to do with divorce. If you appreciate this answer please click the thnk you button on my profile.
Devajyoti Barman
(Expert) 19 October 2016
Such recording has no evidentiary value.
So better settle the dispute amicably or contest the case in merit.
The 498A case in any event would fall flat on trial.
Advocate M.Bhadra
(Expert) 19 October 2016
You should better agree to file a divorce suit on mutual consent provided that ask your wife and in-laws to withdraw the 498a IPC case before filing the suit. This is the best way to avoid court, police and waste of time and also money.
Kumar Doab
(Expert) 19 October 2016
Has your wife/in law shred their T&C/demand, if any, for agreeing to MCD?
Are these conducive to you?
If yes and if MCD is possible in our case, prefer it.
Prefer to engage a very able counsel and proceed under expert advise of your counsel than acting on your own.
Your counsel can defend your interest in the offer made to you and even in the trial if that is the situation.
Rajendra K Goyal
(Expert) 19 October 2016
If she has offered proposal for Mutual consent Divorce and filed 498A, means you have not shown any eagerness to accept her proposal and she has taken such step to pressurize you.
It seems the relation has turned to non reparable stage.
Try to have amicable settlement and go for MCD.
Criminal case has to be defended.
If settlement arrived try for quashing of the case through High Court.
R.K Nanda
(Expert) 19 October 2016
Nothing to add more.
P. Venu
(Expert) 19 October 2016
If the allegations are false, meet the charges on merits and acquitted.
Kumar Doab
(Expert) 20 October 2016
Hope you are satisfied.
Prefer to engage a very able counsel and proceed under expert advise of your counsel than acting on your own.
Rajendra K Goyal
(Expert) 20 October 2016
Well advised by the expert Kumar Doab, may proceed accordingly.
Rajendra K Goyal
(Expert) 20 October 2016
You have posted query at following link with different facts and situation, please come with clean hands for proper advice, do not try to test the knowledge of others:
http://www.lawyersclubindia.com/experts/RCR-620511.asp
Kumar Doab
(Expert) 20 October 2016
Why such approach?
Engage a very able counsel for all issues.
