eswar kumar (des) 04 September 2014

498a-wife's brother now turn to my side-urgent plz

My wife filed 498a and DVC cases against me and my family in last year. total 9 members are suffering with these cases. now, My wife's own brother is turn to my side and he wants to give statement in front of judge that "All these cases/allegations are false". His main intention is to stop these disputes as early as possbile. Now DVC is in counter file stage and 498a is in summons stage(charge sheet filed). will judge accept his statement at this stage(in both 498a and DVC) and dismiss the cases? My lawyer says that, trail is not started so we can't produce him(my wife's brother) and will take his help in trail stage. Is it correct?. Is there any good procedure to use my wife's brother witness statement?

one more thing is, He is not a witness in 498a or DVC complaint. the witnesses of 498a and DVC are also come to court now to give statments that all allegations made by my wife are false.

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9 Replies

eswar kumar (des) 05 September 2014

No it's not a trap. I am sure about that

eswar kumar (des) 05 September 2014

No it's not a trap. I am sure about that

Sudhir Kumar, Advocate (Advocate) 05 September 2014

seek his affidavit at this stage.

eswar kumar (des) 08 September 2014

Dear sudhir kumar sir, Thank you very much. I will do that. Now,the twist is, my wife is going to withdraw all cases on me and my family(because of her brother. he is completely my side now.) and wants come back to matrimony house.But she filed false cases and harassed 9 members for more than 1 and half year. I don't want to take back her.

1. How can I stop her to come back.cases are in AP (498a is compoundable), so 498a is easily withdrawn by her.will judge simply dismiss the case without my presence?

2.How can I proceed in this situation?.

3. If cases are withdrawn by her, how to save my family and relatives in future from new cases from them?

4. How can I separate from her. please suggest?

Sudhir Kumar, Advocate (Advocate) 08 September 2014

you cannot stop her form returning whether she withdraws cases or not.

seperation is only possible by divorce.

now the brother of wife has been able to turn the tide and the moment you file fresh case for divorce his efforts will prove futile.

Sudhir Kumar, Advocate (Advocate) 08 September 2014

suffering had been for 1&1/2 year only and perhaps you have got chance not to prolong it.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 08 September 2014

Never file divorce until 498A and DVA is over.

File counter FIR / NC against her under the following section by you and your parents.

383 IPC read with 384 IPC. Extortion.

405 IPC read with 406 IPC Criminal Breach of Trust.

120 IPC Concealing design to commit offence punishable with imprisonment.

120A IPC Definition of criminal conspiracy.

506 IPC. Ciminal Intimidation.

34 IPC. Common Intention of Crime.

499 IPC read with 500 IPC (Criminal Defamation).

Please read each of my posts carefully in the following links.

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

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 08 September 2014

Also file Speedy Trial as top priority as mentioned in my links. Sample petitions are there

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 08 September 2014

How can I stop her to come back.cases are in AP (498a is compoundable), so 498a is easily withdrawn by her.will judge simply dismiss the case without my presence?

If she withdraw that you have 211 IPC, 182 IPC and Criminal Defamation U/S 499 IPC read with 500 IPC. You can either register NC in the police station or file private complain as above.

You can file 144 CrPC against her. If she tries to come that lodge FIR by you and your parents then make her arrest.

2.How can I proceed in this situation?.

File complain to the local police station and file 144 CrPC against her.

3. If cases are withdrawn by her, how to save my family and relatives in future from new cases from them?

Lodge FIR / NC first

4. How can I separate from her. please suggest?

If she withdraw 498A and you have certified copy with acquittal then only file divorce under cruelty and desertion ground as per HMA.

Also file Speedy Trial as top priority