False 498a

FIR is done on 26.03.16.  what am i saying is that  my wife has not mentioned DATE and TIME of the offence ( which is false ) she has mentioned in th FIR 

1. FIR is not required to be encyclopedia of crime. If some details are missing in FIR then in later statements to police same can be furnished. Just because some details are missing from FIR does not give you any benefit.
2. As you present your side of story with evidence, she will have to change her statements to police and in court to explain away the defects (if her story is false). If she changes her story from one stage to another then her testimony is not considered reliable and you will get benefit of doubt. This is why it is important to keep queit about your evidence till she puts all her statements under oath in court. If you open all your cards now then she will get a chance to preemptively adjust her story.
3. Most husbands get very impatient and try to get out from proceedings quickly, try to prove innocence in front of police, apply for quash etc etc. Better strategy is to stay calm, no arrest happens in such cases anymore, let police complete their process and let case proceed in court. False cases start falling under their own weight before you need to do anything.

What are the chances of getting bail from court in my case when chargesheet is filed ? PS has already given bail .

Thanks ramesh ..vibha

Thanks ramesh ..vibha

Someone told me that court grants bail since chargesheet has been filed , police investigation is over , so no need of custody . please answer friends

1. You are correct, after final report no need of arrest (or bail). Case will proceed in court on merits.

Got a notice from women protection officer of women helpline to appear under Dv act . but I got the notice late. What shall I do now......what is process followed in this Dv notice .? 498a ,etc has already been filed by wife. Please help

Got a notice from women protection officer of women helpline to appear under Dv act . but I got the notice late. What shall I do now......what is process followed in this Dv notice .? 498a ,etc has already been filed by wife. Please help

1. DV case is essentially civil case. It proceeds in magistrate court. Wife can claim maintenance from husband, right to reside in matrimonial home, protection order to prevent further domestic violence and monetary compensation. 
2. Being civil case, no police is involved and no bail is needed. You also need not be present in court on every date, lawyer can be present for you. 
3. You will need to file a detailed written statement in court countering points raised by wife's complaint. For points that are denied by you, she will need to bring evidence.
4. You will also need to file detailed income affidavit. Based on your and wife's income judge may order you to pay interim monthly maintenance to wife while case is in progress.
5. Take lawyer's help to handle this case. If allegations are false such case goes nowhere. If wife is not earning she will be granted maintenance within first few dates only, you will have to pay the maintenance no matter what. Other reliefs sought by wife can be postponed till she proves her story. 

I have only FD in my name with money gifted to me from my father . I have no other income. How interim maintenance will be calculated ?

I have only FD in my name with money gifted to me from my father . I have no other income. How interim maintenance will be calculated ?

Interim maintenance is calculated based on information on record in affidavits regarding income of parties. Affidavits in Delhi now need filing of 3 years bank statements and IT returns.

Since it is common for people to hide their income in India, magistrate has discretionary power to perform guesswork regarding income. If you claim you have zero income, it is very likely that court will not believe you, draw adverse inference and order heavy amount.

Best is to be truthful about actual income and show that wife has qualifications and experience to support herself by working.