jaig 30 April 2016

After dv can 498a be file with different story than dv

Here is the context: Wife filed PWDVA and case going on, I am hopeful to quash it as most allegations are frivolous and may be disproved by the evidence I have. Most allegation are like husband failing to take care of her, etc. That means if her story does not qualify as fit for DV, it would be even more unmaintenable with respect to the cruelty punishable u/s 498A. Correct me if I am wrong here.

Now wife is filing 498A. As I understand it has 2 aspects - dowry transaction and cruelty. My question is about the cruelty part. I think for her story to qualify u/s 498A (I am talking about her own version), she has to radically alter it from the descripttion she put up in DV complain. Will it be maintenable if she puts a completely different story in 498A ?

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5 Replies

Harassed By Wife 30 April 2016

First of all she can file 498a with a different story. But writitng different stories in 2 different cases is a negative point for her. Judge will also make out the differences between the two. Hence the case with the different story (latter one) shall be weaker. Afterall the matter of her first complaint (i.e in the police station/court) shall be the one which will be considered as the base for compairing with the others.
Regards!

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Laxmi Kant Joshi (Advocate ) 30 April 2016

She can file it but before registering fir police will investigate the truth in her complaint, let her submit the proofs, you also collect the evidences against her allegations and bring them all while police investigation u/s 498a to dismiss the complaint then and there .

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Anand Bali Adv. (Advocate Solicitor & Consultant) 01 May 2016

Yes ! She can file a police complaint as it is a criminal complaint, However taking a totally different story line will not help her as though in the one case facts of other same party cases can not be raised however at the time of cross examination it can be raised and asked with you by the opposit Advocate. So be practical on these lines. Even at the stage of investigation by the IO of Police this fact can be raised and your complaint may not be turned to FIR for the case proceedings. Take care of these aspects and go agead as by 498A complaint the person will directly be attracted for a police imprisionment as it s a non compoundable offence.

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T. Kalaiselvan, Advocate (Advocate) 01 May 2016

There is nothing wrong in she coming out with a different version and story to attract 498a ingredients. She may file any case.

She may adopt different technology to avenge you.

Since you said that all her allegations are false especially in the DV case, this may be helpful for you to tackle her latest case too on the basis of merits in your side as well as documentary evidences in your favor.

Challenge her case properly with the help of your lawyer.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 04 May 2016

It is very much possible for the complainant to file multiple cases with different set of allegations. The complaint as such can not be quashed at this ground alone. Though all contradictions would be treated in favor of the accused. However, mere elaboration of the points previously taken can not be treated as contradictions.

Regards,

Shonee Kapoor

www.shoneekapoor.com