498a - what type of evidence required to quash
4 years ago
Hi, My wife made a false case u/s 498a/34 and DP 3 & 4 on 5th July, 2019, just after 2 months of our marriage. I had whatsapp and facebook message till 30th June, wherein she is saying she loves me and my family and some romantic messages. Also had some romantic photographs too, taken on 20th June. Can this be used as evidence for quashing 498a? We can claim that till last week she was happy, it was because of a stray incident of quarrel against her going parental home, she got angry and slapped such cases? I had whatsapp chat evidence of that quarrel too. Also she went from my house on 3rd July to her parental house and lodge the case there on 5th. Can we say that had there been any cruelty, how could she go to her parental home and lodge the case there? Btw she is a qualified medical doctor by herself.
Shreyash Mohta
Responded 4 years ago
Sanjay Kumar Jha
Responded 4 years ago
Electronic evidences are advisable before court, but at evidence stage not anytime when you wish. Whereas for quashing of 498A you may opt but only after cognizance or charges framed against you as per such case.
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Thanks