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shalini mishra (housewife)     05 January 2015

Judgement probability !!!

wife, in her statement in court said-

Husband and mother in law used to demand MONEY (for a car) or a CAR and torture physically and mentally.

i think this statement is general in nature, not a clear ALLEGATION.


In this case her parents are not PWs, two other persons became PWs, neither they are relative to her nor hers neighbours.

what is the probability of judgement in such a case when no clear allegation has been made and parents are not PWs?


 7 Replies

adv.raghavan (Advocate,9444674980)     05 January 2015

Your query is specific, give more details on sections part to advice you properly. We cannot vouch the court will think the same way what we propose as court has different ways to handle things.

1 Like

shalini mishra (housewife)     06 January 2015

Dear Raghvan sir,

she filed an FIR (498a,313,323,504,506 3/4 DPA), took it back by signing an affidavit, police submitted FR & xpunz report to the ACJM court on 02/09/11.


On 16/05/2014 she went to ACJM court and submit an application against that FR.


Court used its mind and remove all names except me and my mother.

Also court removed all sections except 498a & 3/4 DPA.


now in case only me and my mother was summoned under 498a & 3/4 DPA.

adv.raghavan (Advocate,9444674980)     06 January 2015

You mean to say that she had lodged complaint and wanted to with draw the same after some time, if that is the case she turn hostile during trial and can end up the case, generally in majority cases, pertaining to 498A prosecution fails to prove  charges.

1 Like

shalini mishra (housewife)     07 January 2015

Raghavan sir,


1) when police submitted its FR & xpunz report to ACJM court. Court issued summons to her to check truthness of that FR, she never visited to the court and lived with hers parents for 3.5 years.


2) now she opened that case by stating that FR is wrong, she was forced to take her case back at the police station.


3) she don't want to withdraw her case back.she opened it to threaten ourselves.


4) she is demanding money, when we are asking to her about divorce she denies and tell she will not give divorce to me nor she will come back to me in whole life.


in this situation we have to fight this case !!!!

adv.raghavan (Advocate,9444674980)     07 January 2015

As you said earlier she has taken some money and withdrawn the case for the time  being by filing affidavit, but now she wants to re open the case for extracting more money. 

1, what happened to that earlier complaint is it still in force or closed, If it is closed it will be difficult to re open the same, if she had succeeded in that, i advice you to carry on with the case without paying any money further and see that the case reaches its logical conclusion. Given the circumstances i think you have good chance.  Nothing more to add, i wish you all the best.

1 Like

srk (Service)     07 January 2015


A wife can make what all aligations that she wants to, nobody neither the cops nor the court is going to check the details, they dont care about what car, which car, how much is it worth or even if it was a toy car, all they need is an excuse to take the case forward to extract money, even in my case all my wife mentioned was that me and my family demanded dowry, nobody even asked a question about how much was demanded, was it a paisa or a billion SI, CI , ACP or the CJM. FIR was take charge sheet was also filed.

i might not help you much but you can insist on she filing and taking it back and again filing. may be that a good point to be argued on. all the best Brother.



1 Like

shalini mishra (housewife)     09 January 2015

Thanks Raghvan Ji & srk Ji !!!!!

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