False 498a
3 years ago
My wife submitted a complaint letter under 498A and DP Act 3 &4 against me and my parents. After few months she submitted an affidavit in the court, mentioning that he matter has been 'amicably settled' and she wants to stay with me now. However I am worried in taking her back as she neither said that all her complaints were FALSE, nor said that she repent her action and will not do so again. Can she put another affidavit and document these facts (all her complaints were FALSE, and she repent her action and will not do so again) in front of the court?
What is the procedure for this?
Ayantika Mondal @ Prime Legal
Responded 3 years ago
She will face prosecution for false claims if she submits any affidavit as you are mentioning. Taking her back should be your choice made on her past behavior. If she threatens to go to court in the future you can argue that her previous allegations were false as she had submitted that they were amicable settled.
If she submits that her allegations against you were false, then she will face charges. Since she has said that the matter is amicable settled, if she ever files complaints again, you can prove that her claims were false. But it is always better to be cautious given her past behavior.
Her second complaint may not be registered in view of earlier Affidavit. Not to worry too much.
Ankur Goel @ Complete Law Shield
Responded 3 years ago
by giving affidavit of false complaint, she will be foolish to put herself in danger.
but many women did that mistake also.
if the complaint was false then there are ways to manage it,
Hope this clarifies,
Advocate Ankur Goel (Complete Law Shield)
#YourLifeYourChoice
sanjay panda
Responded 3 years ago
By submitting amicably settle does not proof you guilty and also if your wife will submit that her complaint was false it will lead her to be prosecuted under maliciouse prosecution .
So by submitting any document today will not bar her rights to prosecute you for fresh offence charges in future.
So you take your decision on basis of her conduct and future possible behaviour .
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