Legal Question in Criminal Law in India

Harassed thru false case of 498a
Dear sir my wife has put this case and the trial has just begun i was living seperately from my parents since marriage
pls suggest given her every thing but due to her cruel brothers she has done so, she wants to come back have two kids one is with me aged 11 and 12 i had deposited good some of money in joint accounts and puchased a good car went on good trips too the money which she says was asked by me is more than that i depostted in our joint account what all proofs are needed to prove my innocense my father died within one year of filing the case due to this shock.I m educating well to my son my daughter has lost one year of her school she and her family have good political clout do suggest me as i have good proofs as my gas card my ration card my bank deposits on her name account some digitall voice recording my son can give some evidence as she was voilent used to hit me several times doctors say she is psychic pls also detail me as when should i prove all this to courts and she was at my place for two months after my fathers death we forced her back does this evidence prove that she filed a false case and and i have not filed divorce case yet does filing of divorce bring some more facts i m thinking of my children .

Asked on 1/30/08, 8:53 am

3 Answers from Attorneys

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Re: Harassed thru false case of 498a

You will have the opportunity to prove your case at the time of trial and in evidence/cross examination.

Answered on 1/31/08, 12:34 pm

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Vijay Chandavale Advocate Vijay Chandavale & Associates

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Re: Harassed thru false case of 498a

I agree with you and the problem appears to be there because of abuse of process of law i.e. by misuse of section 498 A . There are many cases decided by Supreme Court stating that the abuse should not be there however you may be patient . You should also file the case for divorce and defend false case u/s 498 A . You get the trial expediated . Further as regards children you are entitled to get custody if children are above 7 years of age. But please see that children are not taught by your wife and they may speak othersie in Court as Court examines children seperately . You have to defend the false cases . There is no other way you can contest the matter u/s 498 A and claim in the court that it is a false case and claim compensation

Answered on 1/30/08, 11:54 am

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