PKD (govt) 24 August 2013

497 against wife's borther after 498 cancelled by police

hi sir,

1. i am major P K and my wife has filed 498A,406, 506IPC case against me and my family after i caught her illicit relationship with her own cousin brother even after my marriage.

2. We moved for mutual divorce but after a week she filed 498 on me. and also maintenance under sec 125 crpc and DV act also. After six months she has denied mutual divorce in second motion but in first motion she has accepted that she has received all her istridhan and articles back and also gave an agreement for the same.

3. I have her confession recordings, her handwritten guilt notes, call details as recovered by police, her cousin brother wife's confession call recording and one gmail chat between them.

4. police has cancelled the 498Aand all other charges against me after going through these evidences and her statement of mutual divorce. and are submitting the cancellation in court while in the mean while i got AB from high court.

5. I want to file a private complain against her brother under sec 497 IPC but i have heard that it takes a lot of time to file and prove private complain. pl suggest me what should be my course of action. What else i can do to avoid maintenace and also get divorce earlier.

regards,

Major P K

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3 Replies

babu (employee) 24 August 2013

Hello Major PK,

You dont need to worry about maintenance and divoce case bcos her 498a case is already proved false and close by police after investigation.

W.r.t divorce, make your move and file divorce under cruelty ground and make enclose your supporting documents to prove your claims, incase she does not respond to your divorce notice you will get ex-parte divorce within 6-8 months maximum, else you just need to pursue your case and somewhere she will come running for compromise under the heat of your counter criminal case, use this as your bargaining chip for MCD.

Whenever she files for maintenance, enclose all proofs and police closure document of your 498 and file for discharge at the court where she filed case, you can also go to HC for quashing the case.

Hope this helps. Thanks. All the best and Good Luck.

(Guest)

You have a strong case major.

PKD (govt) 29 August 2013

dear babu, jon and other esteem members,

1.thanks for your reply. i have sent a legal notice to mobile companies for CDR preservation. I hve also written to SP to preseve the CDR recovered during investigation of my case.

2. I have filed a 497 private complain in the court and I have been given a next date for evidences.

3. I have following queries :

a. I have heard that it takes a lot of time before summons are issues in 497 private complain. Pl tell me how much does it take generally and how can i fasten the process

b. can i call my wife's bhabhi (her adulterer borther's wife) as witness during evidence. I have all her audio recordigns in which she has told me about their consentual s*xual relation.

c. police has not yet submitted the cancellation report in court and will do it in next 2 weeks. pl tell me how much chances are there that court will accept the cancellation report and if not what should be my course of action.