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.

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Shreyash Mohta

Responded 4 years ago

A.You can use all such proofs only at the time of the evidence to prove yourself as innocent and not guilty. Such electronic evidences are admissible in the court.

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Sanjay Kumar Jha

Responded 4 years ago

A.Dear client,
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.
For more detail legal advices you may consult on cellphone or by email by paid consultancy.
Thanks

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