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Kanan (IT)     31 May 2014

Wife filed wrong allegation

 
Hi Sirs,I had gone to my wifes native place to file my counter for my MC case.My wife then registered a false 498 FIR after 21days where in along with all false allegations she also alleged that I hit her on the day I had come to file counter.She alleged that I physically hit her and her mother stopped me,then I also hit her mother and when both screamed I ran away from the place.How is it possible Sirs that I go with a HC lawyer to file my counter and hit her asking to take back all cases.Please can I be kindly advised what steps I need to take.


 5 Replies

laxmi kant joshi (instructor)     31 May 2014

Repeated query already discussed in this forum .

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     31 May 2014

498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun­ished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—

 

For the purpose of this section, “cruelty” means—

 

(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

 

(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.

 

=========================================================================

 

So, the definition of cruelty U/S 498A is quite clear.

 

Clause A) Cruelty, such a nature, which drive a wife to commit suicide or to cause grave injury or danger to life, limb or health. (Need Medical Report for this to prove).

 

Clause B) Harassment for unlawful demand (Dowry).

 

So, any other cruelty which does not falls under said Clause A & B (e.g. slapping, abusing or having extra marital affairs etc.) cannot be chargeable U/S 498A.

 

"I physically hit her and her mother stopped me,then I also hit her mother and when both screamed I ran away from the place"

 

- prima-facies cant be charged U/S 498A rether can be charge U/S 323 of IPC.

 

Please appear High Court for Quashing with Speedy Tiral.

 

Please take reference of my post from the following link also: -

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U4nYjXbYVdg

Kanan (IT)     31 May 2014

Sir,last time you advised that I may not get bail.Why should I not get bail if the allegations are all wrong.Is there nothing I can do.Can I not ask for a lie detector test on me,her and her mother.Im new to this forum and do not know the rules.pls pardon.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     31 May 2014

I did not tell this.

 

You will definitely get bail if you file petition to Session Court or High Court U/S 438 CrPC by showing your points.

 

Please be brave.

KISHAN DUTT RETD JUDGE (RETIRED JUDICIAL OFFICER)     17 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

 

With regards,

Legal Expert


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