Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

VICTIM2015 (NA)     13 September 2015

Wife filed false cases 498A, 376D,323,504

First of all I would like to thanks to experts who are here for good cause. -------------------------------------------------- My Wife filed False cases 498A, 376D,323,504 against my brothers and family even she never stayed with my family in village after marriage in may 2009. We have one baby girl of 1.6 year also she is with her. She either stayed with me in Bangalore or stayed with her parents. Now she is in her native from last 10 months. currently we dont have even our house in village as we sold our house in village 1 year back but we go to village in day time as the school run by my brother is in village & comes back after school time. -------------------------------------------------- She had cheated us by hiding the serious heart issues which is from her birth only also and she had given false educational details. She used to ask me for liquor also earlier. She is of very WILD nature fights on very small small things. she had filed 376D against my 2 brothers both stays seperate from me from the time before our marriage only & 1 of them stays in city -------------------------------------------------- Police also went with her to investigate in village but they were surprised as we sold our house 1 year back which she did not know. Village people also told that she never stayed in village. -------------------------------------------------- In 2012 also they filed 498A , 307 etc but in mediation court without any chargesheet that got closed after that i took her with me. -------------------------------------------------- Now She had sent one notice for maintaince also which they want 15K per month and told my salary as 45K which is not correct. -------------------------------------------------- currently we got stay from high court on arrest for 498A members but for IPS 376D no relaxation as of now and FIR quashing not happened. -------------------------------------------------- 1. How to fight 376D which false but they have got medical done by giving money to doctors as his one of brother his advocate they do all wrong doings? 2. how to fight 498A ? 3. how to reduce maintaince as they claimed my salary as 45K and give 15K per month. what rule says as how much percentage she can claim of salary? whether i have to give salary proof or they will have to prove it? 4. what next they can do in this? 5. Their intentions seems to extract money on the name of settlement what experts suggest here shall we do a try ? 6. I have audio recordings of all her WILD acts will they help in court? -------------------------------------------------- I would really appreciate views of experts on this as how to fight the same and we are average people. Thanks in advance, A HELP SEEKER


Learning

 7 Replies

saravanan s (legal advisor)     13 September 2015

every thing got to be fought on merits only as mr reddi had said.with all the proofs in hand prove in court that the allegations she had made on you were totally baseless

N.K.Assumi (Advocate)     13 September 2015

File a complaint against her before Judicial  Magistrate under section 211 of th IPC.

Dr.R.Stephen Louie (lawyer)     18 September 2015

File a Private Complaint u/r Cr.P.C 200 before the Magistrate for an offence u/r IPC 211. Go ahead if you are right, If you are not right get into settling things right. Family Peace is my concern in the world. 

T. Kalaiselvan, Advocate (Advocate)     20 September 2015

Section  376D pertains to intercourse by any member of the management or staff of a hospital with any woman in that  hospital.  Were your brothers working  in that hospital where she was admitted as a patient?  There is something missing in your query, please come  out with proper  details if you really want to get proper opinion.

If you feel that she has filed complaints as well s the cases with false allegation being in possession of facts and evidences in your side, challenge her case appropriately

anav6259   14 October 2015

Use the following judgements for the relief which also cites SC's judgement.

Audio recording will be admissible if original device is available.

 

 


Attached File : 329542 20151014235608 735988553 sonia chauhan raghove vs sanjive raghove ors on 7 february 2012.pdf, 329542 20151014235626 735988553 geeta v state domestic violence exemption.pdf, 329542 20151014235840 735988553 unclean hands.pdf downloaded: 183 times

Dr.R.Stephen Louie (lawyer)     04 November 2015

TGK Reddy Sir,

IPC 211 speaks about false complaint if it is before the Court, IPC 182 speaks about false complaint before the Police. Section 195(1) (b) Cr.P.C is not applicable for any individual. It is the Public Servant who has to file complaint about the perjury and the same way the Hon'ble Court has to use the Cr.P.C. Section for trail before the Magistrate. Otherwise Sec.200 Cr.P.C is to be used for filing Private Complaint based on the Judgments of the Hon'ble  Supreme Court of India. Again I wish that you were at peace lest things should set at naught, dear Reddy.

Dr.R.Stephen Louie (lawyer)     09 November 2015

Dear Sir,

I wish that you were at peace. May your Faith help you!!! Again you have repeated what I  wrote. Please go ahead reading what I have said in my reply. Naturally there must be some confusion as you are worried a little bit.Thank you for your reply and I appreciate you for your interest in exchange of knowledge


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register