Chargesheet for 498a

Middle Executive

I have received the chargesheet from the court on 7th May 2010. At the GR Section of the court, the person handed over the CD, asked me for a suitable date for me to appear before the court and put that date for appearance next month.

My lawyer seeing the CD told me that Police hadnot put any charge upon me. They have mentioned that Prima Facie case has been registered by them, and it needs for trial. so pls tell me how much will it favour me that police had not framed any charges against me, during the proceedngs.

The witness from my wife's side are my Wife, FIL, MIL and SIL.

Rest of the witness are from my side. My paternal aunty residing at my home. Two of my neighbours and our maid servant.

Now my question is is it possible for my wife to arrange for witeness whose names are not included in the list ? Similarly will I be able to arrange for other witnesses from my side ?

 
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Middle Executive

I have received the chargesheet from the court on 7th May 2010. At the GR Section of the court, the person handed over the CD, asked me for a suitable date for me to appear before the court and put that date for appearance next month.
 
My lawyer seeing the CD told me that Police hadnot put any charge upon me. They have mentioned that Prima Facie case has been registered by them, and it needs for trial. so pls tell me how much will it favour me that police had not framed any charges against me, during the proceedngs.
 
The witness from my wife's side are my Wife, FIL, MIL and SIL.
 
Rest of the witness are from my side. My paternal aunty residing at my home. Two of my neighbours and our maid servant.
 
Now my question is is it possible for my wife to arrange for witeness whose names are not included in the list ? Similarly will I be able to arrange for other witnesses from my side ?
 
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practicing advocate

Only charge sheet wittness will be examined.  If all the wittnesses turned hostile and there is no direct allegations in the complaint  which attracts 498A then you need not arrange for the wittnesses.

 
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Middle Executive

Originally posted by :adv. rajeev ( rajoo )
"
Only charge sheet wittness will be examined.  If all the wittnesses turned hostile and there is no direct allegations in the complaint  which attracts 498A then you need not arrange for the wittnesses.
"

 

What does it mean ? Witness turn Hostile ?

 
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Middle Executive

Just today I have come to know from a colleage of mine, that my wife had called him up asking for the address where I am staying at my work place.
 
I have changed the address from where she had left me, now the new address is thus not known to her.
 
Now my question is if she tries to get into my place by force, what steps should be taken by me to prevent her from entering my home ?
 
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UNEMPLOYED

yes, yr wife can call all concerned for witness including you - ofcourse through court.

you may also call all concerned through court for witness.

while the proceedings going on, you may demand for additional witness, but you have to satisfy the concerned judge.

both the parties will get scope the cross examine to the witness of other parties. therefore donot worry.

prepare your questionieries, based on claim and counter claim of the perties. it is better to prepare it in advance, very carefully and get it typed. discuss yr advocate for it. if he is senior and tell you not to prepare then just obey him.

witness turn hostile means, suppose your wife call some witness, but at the court they support your claim, -then it is a hostile witness, you will be benifited by it.

you complain before the police in advance. you can complain  to the judge also. normally it is called trespass - a punishable offence under ipc.

has she getting maintenance or having individual income.

.

 
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Middle Executive

She is getting interim maintenance now, the trail for permenent one has been started.
 
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Middle Executive

The Police has put IPC 323 in the charge sheet too, as she has submitted a hospital repot of injury.

 
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