Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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(Guest)

498a evidence

Hi Experts

What all evidences are required to be submitted by the victim to court in 498a case in order to get justice and at which stage?

Thanks in advance

Swetcha



Learning

 23 Replies

Siddharth Srivastava (Advocate)     22 September 2017

After when charge is framed by court the statement of prosecution witnesses i.e. complainant and and other witnesses are recorded and the said witnesses are cross examined by defence advocate.For proving the charge, the medical certificates and other witnesses who witnesseth the cruelty upon the complainant as well as the oral testimony etc. are required to be proved in court to prove the guilt crime u/s.498A IPC. Sidharth 9811776422 


(Guest)

Thanks for your reply Sidharth Sir,

Will there be any punishment to husband and in-laws, if he is impotent and got married by hiding this?

Will there any punishment for mental torture faced due to him and his family members? As it is matrimonial criminal case, few tortures and harrassment that can be done with in 4 walls of the room.

regarding dowry and additional dowry demands, what kind of proofs suffice to get them imprisoned ?

Thanks in advance,

Swetcha

 

 

laxmi kant joshi (instructor)     22 September 2017

In 498a he will not punished for hiding or concealing the fact of his impotant , thus is a solid evidence to nullified the marriage or a strong point for getting divorce , for hiding or concealing the fact willfully for marrying and spoiling the life of his spouse is a criminal offence and it should be registered u/s 420ipc in the police station .

Sachin (N.A)     22 September 2017

Rightly guided by Mr Laxmi kant joshi


(Guest)

Thanks for your reply,

Can we file 420 case even after filing 498a case? What is the timeframe  to file it?

Thanks

Swetcha

R Trivedi (advocate.dma@gmail.com)     22 September 2017

You can file 420, success is different thing. First question, was impotency known to him before marriage? What is the kind of impotency? And biggest question..how it is cheating? Which law says that the purpose of marriage is only procreation and which law says that in today's era the procreation must be via mating only? He can always say that he can adopt a child? He can always say that under adultery law he will have no objection if his wife physical needs are fulfilled somewhere else. He can always say that other methods of conceiving can be used by his wife as suggested in mahabharata. How is it cheating? It could be a good ground for divorce but no cheating. The best course is take divorce, he is already a downed man, do not embarrass him further. No one will punish an impotent. I can understand that you are feeling cheated, but then move on.

fighter   24 September 2017

Dear Swetcha,

Falsely alleging husband on impotency will be a problem for you. So, be careful on that.

If your alligation is false, he has all the rights to file a civil and criminal defamation aginst you and your legal team.

So, with out any evidences, do not file any false cases.

fighter   24 September 2017

and also you are allowing him to start a new live in relation ship with another girl, if he is not impotent.


(Guest)

@Fighter, Don't discourge Swetcha. Once Impotency is proved, she is going to win the case too along with 498a by cruelty. Think from her perspective. Even though he is potent, it can be proved that he is relative impotent which can benefit her case. I have seen lot of cases where ladies won't simply quote husband as "impotent" and they proved husband is impotent and won the cases.

@Swetcha, why don't you go for MCD. When was your marriage happened? How long it is now? Why do not you talk with your husband? Anyway, no husband will agree that he is impotent. So, advise you to go for MCD.


(Guest)

@Fighter: "and also you are allowing him to start a new live in relation ship with another girl, if he is not impotent."

This is another crime bro. He will be screwed with both girls then.

 

fighter   24 September 2017

How can it bro!

My point is very clear. Dont file any false cases. No one should win the false cases.

If husband is really impotent, his wife can directly go for divorce on that ground. No one can stop her.

But what is the need of filing false 498a. It is just to harass husband and her family. Think in a realistic manner.

If some one alleged that her husband is imponet, they should be ready to provide her husband's and her's medical certificates.Othet wise, the case will be dismissed and husband can file criminal and civil defamation( he can file for large amount Ex : 10 crore).

So please dont try to ruin other's life with fasle allegations. It will defenitely back fire.

fighter   24 September 2017

Originally posted by : fighter
and also you are allowing him to start a new live in relation ship with another girl, if he is not impotent.

Why not bro, he also needs a partner. But he should not register that marriage.

And his ex.wife will losse a chance to file the case under adultery, as she stated that he is impotent.


(Guest)

@fighter bro, when somebody has a problem (here impotency pointed by Swetcha), he will hide that fact and start harassing along with family members. This is human tendency brother. These days, Police is not registering 498A FIR unless sending them to family counselling centers and asessing the matter. You are talking about false 498A before 2016. Once no custody to husband after lodging FIR, police is doing right job as Police is not registering false 498As these days anymore.

Bro, live-in-relationship is also considered as legal marrige these days. without taking divorce from first wife, live in relationship with another lday is also crime. But in this, it doubtful, Swetcha's husband can live in relationship with another as no lady can pin point on impotency just like that. Judge can send her husband to medical tests to prove it first and decide the case. we should not discourge girl to fight also right.

fighter   24 September 2017

That is what bro.

I am not discoraging any one to fight on a honest case. 

In case, In case...In case, if her complaints are false complaints. I am giving her about the consequencies.

We are all here, to support the honest people. Not to discourage the honest problems and not to to encourage the false complaints.

Giving right suggestion can always, help people to take a decision.

So, my sincere suggestion is do not file any any false complainst.

Still there are lot of places, where police people are just giving the table reports. They are still harassing the people with false complaints.

In Swetcha's case. If she has proper evidence that her husband is impotent, she can go ahead and file for divorce on taht ground. No need to file false 498a.

At the same time,  she should be ready for her medical test also to prove that her marriage was not consummated.

Hope this will clear your questions and doubts.


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