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fighting back (exec)     13 April 2012

Can mere parading of witness be proof enough

dear members,

i would like to ask about a particular situation of mine, during the very first day of the  married life, 2 relatives of my wife taunted me on the  suit i was wearing on the wedding day, this incident happened in the car in which we were travelling to home after the wedding ceremony, when we reached home i was at home with only my mother, my wife and her 2 sisters, i told my mom about this incident, to which she asked an explanation to the 2 girls who were accompanying my wife, no harsh words were used but only an explantion was sought sternly by my mom, after this they went away the next day, no my wife intends to put a 498a on my mom citing mental cruelty to her on the very first day, she is accusing my mom of abusing her in filthy language to which she allegedly went through much pain. though this is not the case, and she intends to use her 2 sisters as witnesses to the incident, i want to know can mere parading the 2 sisters in front of the judge and telling him that his mom had abused her verbally due to which my wife broke down and all blah blah, can my mom be punished for this reason, can a 498a be applied on my mom and get convicted. dear lawyers pls help me, i dont want my mom to be convicted just because she sought an explanation of the insult caused to me by making fun of my suit. thanks and awaiting your kind reply



Learning

 9 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     13 April 2012

Certainly not 498A, however nobody can stop your wife from going ahead with the complaint, even the police is under an obligation to register the FIR without examining merits of the case (though in dowry offences - it is usually preceded by a Women Cell enquiry). If she files it with baseless allegations - you can after you earn your acquittal/discharge proceed with false imprisonment/defamation civil as well as criminal remedies. Until then start preparing your ground so as to protect you from a probable 498A/406 case. 

Feel free to talk!

stanley (Freedom)     13 April 2012

She can file a case of 498 A but she has to prove the allegations  in the court of law . Witness would have to  be cross examinied for the same . 

randomethic (Professional)     13 April 2012

Are you 2 years old???!! Geez....someone made a comment about your suit and you ran to mommy. How is that mature behavior?

Fact of wedding ceremonies in India is that people ALWAYS talk and have something to say commentwise. Whether positive or negative.

Would you do the same thing had it been a friend who made a derogatory comments about your clothing? 

Considering everything I've read on both your posts, you both are blowing issues out of proportion here. There is no requirement of a divorce in this case except that you learn to act your age and build understanding with each other. 

Maybe if you focussed more on what is causing her to make all these allegations and take these steps instead of constantly focussing on what she did wrong, you would be better suited to understanding things.

Always remember, even if you get divorced here...marriage whether it succeeds or fails happens because of BOTH spouses.

 

K.K.Ganguly (Advocate)     13 April 2012

I do not know whether calling explanation by mother in law from B & C being sisters of the just wedded wife at mother in law's  house for the joke/taunt of E & F cut some other day can be called torture/cruelty but certainly it is not normal. What your just wedded  wife or her 2 sisters has to do with some others cutting taunt on you? How can they explain some other's act? Appears that on the fisrt day itself your newlly weeded wife got  scarred for her future treatment and ran away from you. If it comes up before Court, the Judge may not call it just a simple explanation call by your mother as you are trying to put it now. The whole concept of calling explanation is wrong and humiliating. Better try to appologise and settle with your wife AND correct your concept about Wife & Marriage.  She is not your punching bag. What you would have felt had her mother, on being complained by her had  called explanation from you for your mother's said treatment? She is feeling the same way you would have felt then.

By the by, can you please recheck the concerned suit which responsible for all the problems?

fighting back (exec)     13 April 2012

@randomatheic.........i think u might not be having that kind of sensitivity, i would like to see ur reaction in case ur not married and ur husbands relatives insult u on the clothes ur wearing on the day of ur wedding ceremony. either u have thick skin or u r used to these taunts

Self service (None)     13 April 2012

You can say all three sisters tried to se*ual assault on you and they forced you to take suite out.

Common ...don't worry just chill..if wife is stupid she will do what ever she want to do ...your bad luck but trust on court.

randomethic (Professional)     14 April 2012

Sensitivity and immaturity are two different things and you're confusing one for another. You may be sensitive but the incident you have shared shows immaturity and thoughtlessness in the way you act.ed As an adult, if you are running to your mother because someone taunted you and you were unable to handle it, does say a lot about you.

You've requested for advice on an open forum where everyone is entitled to sharing their opinions  Mr Rajan Joshi. I have shared my opinion and advice, it is up to you to a accept advice or not. In either case, whichever choice you make for yourself, you are the one who will see the results.

There is no need to try and force any conclusions about me here or make any assumptions about my sensitivity or what I have seen in life. I will no longer be responding to your query.

Self service (None)     14 April 2012

During marriages, specifically in North Indian marriages  ppl make lot of fun and comments on both bride and grooms, and relatives, nothing is considered as insult. Over reacting on such issues is also follishness.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 April 2012

I don't think much is lost even now.

 

Try to resolve the differences amicably by sitting across. 

 

Small matters should be given the weightage they deserve and should not be blown out of propotion. You both need to be little more tolerant.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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