Legal Question in Criminal Law in India
Help on letter
My inlaws forced me to sign a letter saying if not signed will put me to jail and emotionally black mailed me to sign it stating if you cannot sign a letter for your wife what will u take care of her So I got tensed and with fear I wrote that letter signed. It was '''I am wrting this letter on my own that from this day I will not physiaclly /mentally torture my wife and not trouble her at home '' on a white plain paper. It has some witness of 5 people .
Also my wife wrote in the same letter that '' She is not going to take any drastic measure regarding her life like suicide or attempt'' with signature and date.
This incident took place on 10-July 07. In FIR she mentions I wrote the letter as I had strangulated her beat her. But it is false what she is saying.
But due to my ignorance on that day i signed the letter with date as
10-July-06 Same date with signature of my wife is also done She also did the same mistake for the date.
My wife has put that letter along with 498A.
But one thing i like to ask is the letter is dated 10-July-06 .Signed along with signature in front of all witness. My wife has also signed with the same date . But my marraige date is 30-July-06. How will the letter stand against me as dates are not matching
4 Answers from Attorneys
Re: Help on letter
If you are able to prove that you signed letter under compulsion or force than such letter will not hold any good as evidence and will hold no legal consequences against you.but burden of proof lies on your side.As far as date is concerned that may have effect or of may not be of any effect depending upon the circumstances of case.Feel free to contact
Re: Help on letter
in case you have not admitted in the letter that you strangulated her, it cannot be said that u did it. u need to contest the 498a and also rebut the allegations made in the letter.
Re: Help on letter
A clerical mistake of date will not reduce importance of this writing.
You should better try to reach an out of court amicable settlement, avoid litigation and save your marriage.
There is no harm in tendering apologies to her and her parents.
Re: Help on letter
That depends on the testimony of the attesting witnesses.
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