498a affidavit

How, when, where was she forced/

Whether such questions were put in cross examination? Also, why no complaint was done, or such incident is not mentioned in FIR/ CS

Regards,

1. The matter seems to be dicy,

2. Normally no fatger in law and wife affirms under affidavit that no dowry was exchanged. It is not a normal practice at all,

3. You shall have to explain convincingly te circumstances under which the said affidavit was affirmed by them.

Please see Section 123 of Indian Evidence Act 1872.

Evidence as to affairs of State.

123. Evidence as to affairs of State.-No one shall be permitted
to give any evidence derived from unpublished official records
relating to any affairs of State, except with the permission of the
officer at the head of the department concerned, who shall give or
withhold such permission as he thinks fit.

Now the question is whether the said affidavit has been notarized or affrimed by any magistrate of first class? If yes, then it is a valid evidence as per above section and you can file perjury and IPC 190 read with 193 IPC for giveing false and fabricated evidence as a counter case. This offence is punishable for 7 years (IPC 193) imprisonment.

Please apply of Speedy Trial on Top priority. Always remember that the burden to prove her allegation lies on her.

Please follow my each posts in the following links bellow for more knowledge.

https:// https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

Whether the said affidavit has been notarized with notarization certificate along with signature of two witnesses ?

In the company of GOD, one learns new things. I just learnt that affidavit requires witness by two witnesses. 

To the original querist: 

Such affidavit is disputed now, the question you have to raise is why such a dispute was not raised earlier. 

As somebody rightly observed here please answer that why and under what circumstances the said affidavit was affirmed by your wife?   This seems to be a pre-planned issue created foreseeing the pending case long ago (?)  Whatever it is, before  whom  was this affidavit affirmed?, Notary or Commissioner of Oath or Magistrate?  If you are looking for judgement, browse in the internet for the same.  In my opinion, if it was a false case, there are many ways to extract truth from her once she is standing in the witness box which, with the circumstances and presence of mind a shrewd and prudent lawyer will be able to do it.  Besides affidavit, what else is your defence? Better discuss with your lawyer in detail for further course of action.

           in my case, the day -   both side parents agreed/ finalized our marriage ( one month before marriage date), a written agreement was made ( traditional customary in marriage ) where it was written that marriage was mutually agreed by both side without exchange of any demand/ articles. said paper was under signed by My father, uncle and cousin brother ( from my side) AND my Father-in-law, wife's uncle and a distant relative ( from wife side).

            it was not a stamp paper but a paper with photograph of God on the top. how useful will be this paper during 498A trial ?  

              technically what type of evidence is this ? is it admissible in Court ?

Shonee Sir-

Thanks for advise , You are right  , I guess now this is matter of argument "why such a dispute was not raised earlier" 

Her parents "cross is pending". What is better way to handel this , Shall i ask my lawyer to ask this to her parents that "why such a dispute was not raised earlier" ? because i know they will simply say " JUST TO SAVE MARRIAGE"

Hi Shonee Sir/Rocky Smith and T. Kalaiselvan,

Yes these documents are attested by notary. Those documents are for registration of marriage. Reason : because i was planning to move to Australia with my wife and she was not having passport , So to get her passport we registred the marriage. I applied for my visa But i failed the visa interview.

Yes it have witness of her father , mother and my uncle. 

Important : Marriage registration fee was paid by my father in LAW, I received that documents via RTI. 

But in her cross she mentioned that all of sudden i appered in her house and force her and her parents to sign the document and flew away .

victim_27_Delhi :- I guess your document is not valid as its not a legal paper.

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Share you number in private message ....We can discuss.

@Victim 27 New Delhi:  You can produce the said document as evidence and mark the original as an exhibit from defence side.  You may have to examine one or more witness to prove the documentary evidence. This will be a vital evidence for having not demanded dowry, however, this alone will not be sufficient to demolish prosecution case.  In addition, challenge her allegations by drilling her and her side other witnesses in the cross examination to disprove her allegations.Do some good home work and assist your lawyer with proper instructions.

@AS:  For registration of marriage if such an affidavit is required, it will be a customary requirement, this can be utilised as defence evidence by roping in the witnesses who are reportedly  signed as witness in the affidavit.  Discuss with your lawyer about the strategy planned to challenge her case.