urgent help for against false 313, fo saving my life please
Dinesh mehta
(Querist) 19 February 2011
This query is : Resolved
my wife filed false case of 313 ( like i forcefully aborted her child..) ALONG WITH 498..while she didn't has any proof of dowry or pergnancy with her.. but before 5 years--when she was living with me..once she told me she was pregnant and she didn't want child so taken abortive pills and formally informed me afterwards and since last 4 years she is living seperate from me..but she has presented some sms of mine to police.. in which like i had mentioned about her pregnancy..kindly tell me is sms a valid proof for filing FIR ? Abortive pills are included in 313 or 312 ?any time limit for filing such complain ??now how to get rid of this false complain ?? KINDLY GIVE ADVICE ON THIS..
Devajyoti Barman
(Expert) 19 February 2011
You lodge a counter complaint under the same section alleging that it was she who aborted the child by consuming pills etc. In the meantime apply for anticipatory bail.
Ajay Bansal
(Expert) 19 February 2011
Agreed with Devajyoti.
Basavaraj
(Expert) 19 February 2011
I also agree with Devajoti
ESTHERPRIYA
(Expert) 19 February 2011
Yes i agree with the suggestion of My learned friend Devajyoti
Kiran Kumar
(Expert) 20 February 2011
dear Dinesh, firstly sms can be used as an evidence and can be proved as per the procedure.
now the second aspect is of pregnancy, I would suggest take the defence in your case as according to the contents of the sms. If you say she herself aborted the child without informing you then the consequences may be on the other side also....she will make a counter then that you forced her to abort the child and administered her with pills.
we dont know the contents of the sms you sent or the communication held between both of you. If the sms clarify the situation in your favour then you can proceed fearlessly by shifting the burden on her and if you are able to prove that she herself aborted the child without informing you then it is also an act of cruelty towards you.
But every thing has to be considered in broader manner. She may take another counter that she was depressed and under atrocity from her husband that she did in pressure....a lot of questions arise but all has to be considered keeping in view the actual facts and circumstances of the case.
Good Luck
NOTTAM VENKATASAMY
(Expert) 20 February 2011
YOU CAN FILE A CASE AGAINST HER, OR YOU DEFEND AGAINST HER THE EVIDENCE.
Dinesh mehta
(Querist) 20 February 2011
kiran sir sorry but tell me one thing.. my xyz friend sent me some sms in 2006 on perticular day on perticular time..i have saved his sms in my inbox.. now i can temper his sms and write something else different from original content.. it can be done quite easily with some free softwares..suppose he wished me on diwali and i changed his sms in my inbox, and write that "i will kill u".. now i will present this to police and duffer police with almost stupidity will register FIR against my friend.. nOW ITS MATTER OF 2006 EVEN MOBILE COMPANY CAN'T RETRIVE CONTENT OF SMS..( ONLY LAST 1 YEAR DETAILS ARE SAVED)
ALL WHAT I TOLD ABOVE IS FACT AND I CAN GIVE PROOF..DON'T U KNOW HOW EASILY SMS CAN BE TEMPERED ?????? HOW THE HELL SMS CAN BE VALID EVIDENCE ?? PLUS SOME1 ELSE CAN ALWAYS USE MY MOBILE TO SEND SMS TO SOME1 ELSE..THE SMS SENT FROM MY MOBILE NEED NOT ALWAYS SENT BT ME ONLY..
CAN U ENLIGHTEN ON THIS FACTS ??
Dinesh mehta
(Querist) 20 February 2011
KIRAN SIR GIVE ME UR MOBILE NUMBER AND I WILL SHOW YOUR "THREATENING SMS" IN MY INBOX-- FROM UR NUMBER
