My wife has filed 498A case against myself and my parents 2 years back. I got AB from high court and my parents got AB sessions court, gurgaon.
My wife has recorded her statement before the magistrate. Following are the main points she mentioned in her statement during cross examination :
1. She said that there were no minor and major injuries in matrimonial home and thus no need to went to the hospital for check-up. No medical proof.
2. She said that her husband and mother-in-law was not responsible for the abortion of her first child. No medical proof but she mentioned in the FIR that her first child was aborted due to the beatings of her husband and mother-in-law.
3. She said that her husband and her mother-in-law demanded car and 1L rupees. She told this to her parents and they denied to give it. No harrasment for unlawful demands.
4. She said that on 12th july 2012, first time her husband and her mother-in-law demanded dowry but in the complaint filed in women cell she mentioned that within one week of marriage her husband and her mother-in-law demanded dowry and in the FIR she mentioned that within 3 months of marriage her husband and mother-in-law take care of her. She has given contradictory statements across differnent forums.
She didn't said in the court that :
1. Her husband and her parents wants to kill her if she doesn't fulfill their demands but she mentioned the same in the FIR.
2. She tried to commit suicide as her husband and mother-in-law harrass her mentally and physically to not fulfill dowry demands.
I would like to know how IPC section 498A attracts in my case as she doesn't have a evidence to support her allegations made in the FIR.
I discussed the same with my lawyer he told magistrate may convicts you inspite of the girl side don't have any evidence.So, it would be better for u to go for compromise. From the past 3 hearings she is not appearing before the court and when i said my lawyer to file the speedy trial application before the HC to close within 3 months than also he didn't heed to my request and said that the judge will not grants the order to complete the trial in 3 months. But as I know, it is the right of every accused to apply for speedy trial. My mother is 65 years old and also she is suffering from diabetic and heart problems, so i desperately needs to close the case ASAP. I suspect on my lawyer integrity.
Kindly advise whether 498A attract in my case or not based on the statements she has given before the magistrate and the allegations she levelled against my family in different forums and also how can we close 498A case ASAP.
