Vikas Sharma (Manager) 24 March 2011

Delay Tactics In Evidence

I was falsely booked by my wife in 2004 u/s 498A and was acquitted in 2010. After Acquittal She filed a PWDV case against me.Her Learned Counsel pleaded Intrim maintainence As They Were Trying To Reach Some Compromise And Reconcilation. On Advise Of My Lawyer I Agreed To Same.

After Securing Intrim Maintaince She Through Her Counsel Told The Court That They Wanted To Proceed with Case. The Honourable Judge Gave Them 15 Days To Give Evidence To Proove Their Case. On Due Date Neither She Nor Her counsel Appeared But Through Afffadavit Pleaded More Time To Seek Reconcilation. In Response To This Judge Gave Them Further 3 Months Time.

My Question : Is The Judge Giving Time To Fabricate Evidence As Me & My Wife Are Living Under Same Roof.

Secondly What Recourse Do I Have For Speedy Trial ?

An Early Suggetion Is Needed As Next Hearing Is On 28th March

Reply Follow

2 Replies

Tajobsindia (Senior Partner ) 24 March 2011

@ Author

1. Just be careful that is all since both sharing same roof.

2. In my opinion one should not have given in to her unreasonable demands like after acquittal in 498a she should have not been brought to same roof and reason being when either due to lack evidence or due to her inability to prove cruelties under 498a when she failed she is doing forum hunting under DV Act and no interim should have been compromised from your side.

3. It also shows to save a marriage you are doing all you can. However, on next date of hearing you shall state single para all facts right from 498a saga till date and plead for dismissal of the case as it is cruelties upon you to face the same when 498a acquittal is there and on top of it you and she living under same roof and buttressed with payment of some interim without court order now what more she wants ? A kidney or a lung here and there. Tell Magistrate to dismiss the case or you are complaining to HC simple and straight forward. Fabricating evidence is not appreciated by any Court hence this long reasoning and your case is on different footing too.

1 Like

Vikas Sharma (Manager) 24 March 2011

Thanks Rajeev,

1. She Has Wonderful Relatives As Advisors And She Has Never Ceased Living Under The Same Roof Even Once. That's Why I Am Constantly Under The Dagger.

2. Even During The Long Trial Of 498A She Was Living In My House ..... In My Bedroom...... Minus Me !!!

3. Interim Maintaince Was Agreed Upon By Her And Her Counsel's Contention That Lack Of Monetry Support Is The Only Reason Of Bickering Among Us.

4. Agony Is The 498A Acquittal And DV Act Case were Listened To By Same Lady Judge And Hon'ble Judge Is Aware Of All That I Have Gone Through.

5. In Court While Agrreing To Intrim Maintainence I Argued That I Am Unemployed And Have No Source Of Income, And Only Source Of My Family's Income Is My Mother's Family Pension. Even The Cheques I Gave Her Was From My Mother's Account. The Judge Is Aware Of This Fact.

6. My Question Is Under What Law Can I Ask That Judge To Either Ask My Wife To Produce Evidence Against Me Or Dismiss The case.