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Sourav Roy (-)     07 January 2016

Ld. judge ordered 498a misused by wife hence acquitted

I and my parents have already been acquitted from 498a case with learned Judge observations"Provisions under 498a IPC has been misused by the wife which should be discouraged...Ld judge believes accused person has not done anything wrong in terms of dowry and cruelty...And prosecutions completely failed to prove the allegations...What I want to mean very very strong acquittal order given in favour of us.I can settle the matter before the acquittal order but I have some responsibilty towards the society which I cannot ignored.The wife who misuses this 498a ipc section just cannot get away with her false,wild and frivolous allegation.My question is i want to file counter cases. So whether I file 200 crpc read with IPC section 211/182/193/120B/500 or file CRpc 340 read with ipc section 193/209/211/120B/182 or file both with crpc 200 and crpc 340

One thing I tell you she and her mother have told plenty of false statements as affidavit or in under oath statements.Further I particularly want to know which ipc section I may include in procedure under crpc 340.



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 3 Replies

saravanan s (legal advisor)     07 January 2016

mr sourav first make your mind clear about whether you want to join your wife after her false 498a or not.if not dont waste time. file divorce using cruelty as a ground as false 498a amounts to cruelty.

Sourav Roy (-)     07 January 2016

Sir,

I have already mentioned in my post why I did not settle the matter before 498a acquittal order.The wife who misuses this 498a provision as a weapon rather than shield should be punished so that Other wifes take lesson from this and do not lodge false cases like this...I have already filed divorce in the ground cruelty....But I need to punish wife who misuses law that is why I ask which crpc section I will go..

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     07 January 2016


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