Sourabh 03 October 2017

Sec 498 a

Respected members My wife has filed a case us 498a, 323 in court. I have the recordings in which her uncle is clearly encouraging my wife to file a false case , he is saying give the statement in this manner. When police ask say like this and thoda badha k batana k mujhe marte hai aur mujhse dahej mangte hai. Etc. I want to know can I show these recordings in my case to prove as false case against me. Can any action be taken against her uncle who is encouraging my wife to file the case. As he is the only person who has spoiled my married life. He just love the money. Please members suggest me if any option available against her uncle.

Reply Follow

7 Replies

Siddharth Srivastava (Advocate) 03 October 2017

Yes you can use recording at the time of cross examination of your wife to prove that her case is tutored one and is false. You can also use the same at the time of recording of your statement u/s. 313 cr.p.c. Consult your lawyer with details.

Vijay Raj Mahajan (Advocate) 03 October 2017

The recording of the conversation can be used at the time of cross examination of the wife and her uncle if he is made one of the witness by the prosecution.

The authenticness of the recording should be obtained from government approved forensic science laboratory.

The recording of conversation can be brought on record of the court file along with certificate of the forensic lab as defence evidence at later stage by you along with the statement being recorded u/s 313 Cr.P.C.

(Guest)

You mentioned that you have recordings in your possession showing that your wife's uncle is coaxing her to file a false case against you, right?

Use it as evidence at time of cross-examination of witness u/Section 313 Cr. PC. What u can do is that after you get it certified by a Government laboratory for its authenticity, your lawyer can then present it along with the rest of the court file as defense evidence.

P. Venu (Advocate) 03 October 2017

The question is whether there is evidence to prove the the alleged offence. If so, the uncle's advice to the victim to file the case is of no consequence!

Sourabh 03 October 2017

I am telling you the full recording.

My wife has some blade cut marks in her hands.. Left Hand. During their conversation.

wife: uncle agar police ko bulau aur police aayegi, tab agar sourabh ne mere hand ke nishan dikha diye to mai kya bolungi..

uncle : kya bolna hai..

wife : mai bol dungi ki, husband mujhe marte hai isliye maine apne hath se banaye hai..

Uncle: nahi, ye mat bolna ki apne hath se banaye hai, ye Bolna ki sourabh ne blade se mera hath kata hai, aur mujhe marne ki koshish ki... aur mujhse dahej bhi mangte hai..

wife: ha ye thik hai mai yahi bol dungi...

So, I need a help from you experts in this field..

Can this recording is valid to proof the false allegation of DV, and false dowry case.

Can I File a case against her uncle also on this recording.

Thank You...

Sourabh 03 October 2017

Actually these marks are the Blade marks of around 2 years earlier, before my marriage. She cut her hand by herself.

Can I request for any medical reports for such marks, like how much old these marks are..

R Trivedi (advocate.dma@gmail.com) 03 October 2017

At this stage you cannot file any case on uncle or anybody. Mere showing the 2 year old healed hand marks to police is not a proved evidence against you. Let the trial proceed till her cross examination stage.