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Fake dowry and domestic violence case
4 years ago
Wife filled fake dowry and domestic violence case after being caught chating with her boyfriend. So if husband send his wife's photo and chat with her boyfriend to her family and relatives can it go against him in court?
A.It will not go against the husband.
He can use this to be helpful in filling a quash petition for 498a.
Thank you.
He can use this to be helpful in filling a quash petition for 498a.
Thank you.
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Md Shafiuddin Yakub Ali
Responded 4 years ago
A.Dear Client
It may not go against her. The two cases are different and she may say that you created these evidences for your safe. So it is better to discuss the issue in the family and try to discuss with both sides elders . She cannot simply say dowry harassment . She has to show evidences.
It may not go against her. The two cases are different and she may say that you created these evidences for your safe. So it is better to discuss the issue in the family and try to discuss with both sides elders . She cannot simply say dowry harassment . She has to show evidences.
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Shreyash Mohta
Responded 4 years ago
A.No it will not. It will act as evidence. You just need to provide it in the court also.
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Ayantika Mondal @ Prime Legal
Responded 4 years ago
A.Hi,
we need to read the complaint copy to have a good opinion, however prima facie, this seems to be the case of counterblast, I strongly suggest you to move quash petition as per the merit of the case.
we need to read the complaint copy to have a good opinion, however prima facie, this seems to be the case of counterblast, I strongly suggest you to move quash petition as per the merit of the case.
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Kumar Ranjan
Responded 4 years ago
A.No.It totally depends how is the relation of your spouse is with the person you are projecting..
It could be it can help you out if you have an evidence that proff the picture is real along with chating.
Thanks,
Adv K S Ranjan
It could be it can help you out if you have an evidence that proff the picture is real along with chating.
Thanks,
Adv K S Ranjan
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A.Dear Sir,
Nothing like that but it will help the husband to get quash false FIR by the High Court under section 482 of CrPC
Please give me Rank 5 and Review my Resume and Follow Me.
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You will have to approach the High Court and file your quashing Petition and state the grounds therein upon which you are seeking quashing of 498A. Better draft and present your Petition well with good advocate practising in such High Court.
If 498A is quashed then you dont have to do anything unless there is an condition to the Order of quashing. You just have to relax and not worry about such case.
You can use this quashing Order in your Divorce or Restitution Petition and use it as an additional ground to succeed in your Petition.
498a case is non-compoundable. ... Your wife will not be able to withdraw the 498A once the FIR lodged other than getting it quashed in the higher court.If the charge sheet is not filed yet by the police then she can give a restatement .According to it they file the report and court may discharge the case.
Quash 498a
Quashing of 498a happens in very rare occasions may be 5% cases are eligible for quash 498a. The 498a case can be quashed on the basis of vague allegations on relatives.
But mostly on the quashing of 498a happens on the basis of Jurisdiction.
Test if FIR can be quashed on basis of Jurisdiction
To quash 498a the most common test is if the FIR is filed in parental home and she alleges allegations in the matrimonial home. Then there are good chances to quash 498a based on such facts.
udgments to quash 498a on grounds of Jurisdiction
Territorial Jurisdiction under section 177 Crpc
In Manish Ratan V state of MP 2007 (1) SCC 262 Merely wife was forced to leave home to Datia from Jabalpur, the courts at Datia will have no jurisdiction. In this case, the case was transferred to Datia from Jabalpur.
In Manoj Kumar Sharma Vs, State of Chattisgarh 2016 (9)SCC 1
The offense of dowry death happened in Ambala but Fir was lodged in Chattisgarh there was no allegation of continuing cruelty, therefore, registration of FIR in Durg was without jurisdiction and hence it was quashed.
Nothing like that but it will help the husband to get quash false FIR by the High Court under section 482 of CrPC
Please give me Rank 5 and Review my Resume and Follow Me.
=================================================
You will have to approach the High Court and file your quashing Petition and state the grounds therein upon which you are seeking quashing of 498A. Better draft and present your Petition well with good advocate practising in such High Court.
If 498A is quashed then you dont have to do anything unless there is an condition to the Order of quashing. You just have to relax and not worry about such case.
You can use this quashing Order in your Divorce or Restitution Petition and use it as an additional ground to succeed in your Petition.
498a case is non-compoundable. ... Your wife will not be able to withdraw the 498A once the FIR lodged other than getting it quashed in the higher court.If the charge sheet is not filed yet by the police then she can give a restatement .According to it they file the report and court may discharge the case.
Quash 498a
Quashing of 498a happens in very rare occasions may be 5% cases are eligible for quash 498a. The 498a case can be quashed on the basis of vague allegations on relatives.
But mostly on the quashing of 498a happens on the basis of Jurisdiction.
Test if FIR can be quashed on basis of Jurisdiction
To quash 498a the most common test is if the FIR is filed in parental home and she alleges allegations in the matrimonial home. Then there are good chances to quash 498a based on such facts.
udgments to quash 498a on grounds of Jurisdiction
Territorial Jurisdiction under section 177 Crpc
In Manish Ratan V state of MP 2007 (1) SCC 262 Merely wife was forced to leave home to Datia from Jabalpur, the courts at Datia will have no jurisdiction. In this case, the case was transferred to Datia from Jabalpur.
In Manoj Kumar Sharma Vs, State of Chattisgarh 2016 (9)SCC 1
The offense of dowry death happened in Ambala but Fir was lodged in Chattisgarh there was no allegation of continuing cruelty, therefore, registration of FIR in Durg was without jurisdiction and hence it was quashed.
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