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(Guest)

498a fir to dv act chargesheet

Dear Sirs,

1) 498A FIR was raised by the wife, but there are not evidences regarding demand of dowry only evidence is the audio recording where wife has denied access to grandchild to grandparents and hence quarrel has started and husband has scolded wife in foul language ( loafer, you are cunning, i know your true colors, we are financially better than you , you are acting too smart, b*tch etc)

2) Is such common quarrels sufficient to frame the husband in 498A or DV Case and punish him from court. Please guide me sir, i don't know should i give in or fight back, wife is a cunning and mean women, Husband can't be happy with her.  Wife wants to take control of Husband's finances and wants to control husband.

Please let me know sir, should i just compramise or fight.



Quick Summary
This discussion explores the validity of a 498A FIR and DV Act chargesheet based on an audio recording where a wife denied access to a grandchild, leading to a quarrel and the husband using foul language. The user questions if this is sufficient grounds for conviction and seeks advice on whether to settle amicably or fight the case, expressing concerns about the wife's intentions. Responses suggest fighting the 498A case for acquittal and potentially filing for divorce on grounds of cruelty, while also recommending amicable settlement to avoid lengthy court proceedings.

 4 Replies

Dr J C Vashista (Advocate)     06 October 2020

Amicable settlement may be preferred.

avadhesh Paliwal   06 October 2020

it is depend on the judgement the what is intention of audion cleeping

{Balu manikantan} SUBRAMANYAM (Practising Advocate)     06 October 2020

Be patient. Fight the 498a case and get acquitted. Later apply for divorce on cruelty grounds i.e by showing the acquittal in 498A case.

You can file for divorce now also if you are ready to pay maintenance as she will immediately file for maintenance once you file for divorce.

Better to sit and settle amicably.

There should be Happy Marriage or Easy Divorce. Do not spoil your life by moving around the courts.

Sudhir Kumar, Advocate (Advocate)     01 February 2023

You have opened so many threads on the same issue.

https://www.lawyersclubindia.com/forum/details.asp?mod_id=213560&offset=1

 

https://www.lawyersclubindia.com/forum/498a-fir-to-dv-act-chargesheet-213008.asp

 

https://www.lawyersclubindia.com/forum/citations-required-for-498a-quash-218268.asp

https://www.lawyersclubindia.com/forum/details.asp?mod_id=214377&offset=1

 

you gain nothing (nothing) by scattering facts.


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