Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Die Hard (business)     01 November 2015

Do i qualify for 498a quash?

This is my second marriage, i'm facing 498a as well as "Impotency" based divorce filed by wife

I have

 

  • - no dowry allegation in Chargesheet (also no dowry allegation in 498a witness statements); However dowry allegations were in FIR based on her original complaint
  • - FIR initially had 498a, 417 sections, however in chargesheet they introduced 406 section 
  • - Chargesheet mainly talks about section 417 that i cheated her by hiding my impotency (which is false ofcourse) and one of the witness is from my ex-wife side stating im impotent in my first marriage as well (US divorce decree of first marriage doesn't state this impotency ground)
  • - In Charegesheet, it was stated that i physically attacked wife (because of impotency and to not reveal impotency to others) and also my parents and I physically assaulted her for demanding her to go to work. Does it attract 498a?

 

Do the court honor my quash petition? Do they atleast remove 498a (because no dowry allegation in chargesheet) and 406 (because this section was not in FIR)  and just keep 417 for trial? What should be my major claims in my quash petition? Please advise.



Learning

 9 Replies

laxmi kant joshi (instructor)     01 November 2015

If you are not impotent then request the court for your medical test and submit your potency report before the court, for 406 returned her stridhan to her as per list submitted by her in her fir, and then go for quashing .

Die Hard (business)     01 November 2015

Police asked me to take potency test and i did. The results were positive and doctor in his report gave "Clinically impotence scan wise normal" (he missed a comma next to the word "clinically" - so the other party is claiming i'm clinically impotent but scan wise normal!!) Even though tests are positive, in chargesheet they just pasted the sentence "Clinically impotence scan wise normal" and made out a charge against me! Such an insane act can happen only in India!! 

 

Also, there was no list of streedhan prepared by police and police never asked for it as there was no 406 in FIR 

SAINATH DEVALLA (LEGAL CONSULTANT)     01 November 2015

If it was mentioned as "CLINICALLY IMPOTENT" then U have to worry,the court will not act blindly.

Die Hard (business)     01 November 2015

The report from the doctor said: "Clinically, Impotence scan wise normal" and all the numbers in the scan report are in normal range. The report never said "Clinically impotent" which is what the opponent party is claiming just to confuse the judge

SAINATH DEVALLA (LEGAL CONSULTANT)     02 November 2015

The sentence  "Clinically, Impotence scan wise normalis itself not correct.Why was the word "WISE" inserted which is irrelevant.UR lawyer has to be extra wise and careful during the proceedings.

Die Hard (business)     02 November 2015

I verified with doctor who gave the report and he mentioned everything is normal and it was given in the context : "Clinically, as per Scan, Impotence is normal" - I know he screwed up while he framed the sentence.. he could have used better grammar.. what are the remedies? Can i ask court to get clarification from doctor instead of appearing for re-test, im abroad and cant take the test immediately as they wish.

SAINATH DEVALLA (LEGAL CONSULTANT)     03 November 2015

The word "IMPOTENCY NORMAL" GIVES ADVERSE MEANING.How long did UR first marriage survive? The reasons for opting for divorce?

Die Hard (business)     03 November 2015

I agree, the wording is definitely misleading. My question is what are my remedies from here. Should i ask court to get clarification from Doctor about his report or re-test is the only option? Chargesheet was made out based on his report (based on his misleading words). Can someone answer my original question in this post regarding chances of removal of sections 498a and 406?

 

My first marriage lasted less than a year. Reason for divorce: Ex-wife initiated divorce under grounds: cruelty, abandonment, irreconcilable differences which i contested in US. After a year of court battle, ex came for compromise and finally divorce decree was granted under the ground "irreconcilable differences between couple". After getting divorce in mutual terms, Ex reported immigration to deport me from US claiming that i did immigration fraud and married her just to get green card. I contested that in US immigration court by submitting proofs of cruelty that i experienced. I was granted US citizenship under the grounds cruelty/battery experienced from the hands of US citizen wife.

 

 

Ex-wife was on  a revenge spree ever since then, and now she has joined hands with wife and providing fake evidence stating my first marriage failed due to my impotence (just to coincide with my wife's story). I filed for defamation/contempt of court against Ex-wife in US court for sabotaging my marriage life by sharing fake info about me with wife.

SAINATH DEVALLA (LEGAL CONSULTANT)     05 November 2015

So irretrevable breakdown was the reasons mentioned for \ur first divorce.Nowhere the topic of impotency came into picture,nor anywhere it was mentioned by \ur first wife.That's an added advantage which \u can refer in \ur present case.


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