You will be called for counselling before any FIR is lodged.. Go and state your defence .. If no offence is found then the complaint will be dismissed
My wife has given a compliant on me 498 a and she has some audio recordings it seems which she created during the discussion , I was not know why she was doing al this actions, before this I had attempted to end my life that time she has given a written statement that she was the one who is fight for silly reason . now she is telling that I had taken that statement forcefully form her. what to do please suggest
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Police has asked me to come on Saturday for counseling. but before this she has filed a case in Bangalore also during that time we had compromised. she has told police that I was forcing her to give divorce.
You will be called for counselling before any FIR is lodged.. Go and state your defence .. If no offence is found then the complaint will be dismissed
You can approach the High Court for quashing the FIR, this way it might be possible that the FIR get quashed ot you get some positive direction.
Regards
1.Do not worry as nothing would happen to you.
2. If FIR is registered then apply for anticipatory bail which is likely to be allowed.
3.Then fight the case on merit.
4. You can attend the mediation but nothing fruitful would come out of it.
5. Do not adhere to any of her unreasonable demands during counselling.
Deny that statement was taken forcibly
Deny all allegations made in complaint filed under section 498A
If FIR is filed apply for and obtain AB from sessions court
Take the plea that you want wife to stay with you and do not want divorce .
Wife is seeking to extort money form you by filing false complaints
Generally 498 A IPC dowry cases won't stand before Court of Law, but you have to face the cases and disprove the same. Created audio recording doesn't prove case against you. Written statement of your wife stating she use to fight or quarrel with you for silly reasons will help and support you, you have to produce a photo copy of said written statement before police /court as relied upon document. The claim of your that you had taken statement forcefully will not be entertained as generally every one tell like that. If possible take minimum two witnesses signature on statement who will support give evidence and support you in the case.
The audio recordings or the statements cannot be maintainable in court considering them as primary evidences.
When contested and objected both can be nullified.
However the statement recorded by her about her admittance to the cruel acts done by her may go in your favor if it is admitted by her before the court.
Police has asked me to come on Saturday for counseling. but before this she has filed a case in Bangalore also during that time we had compromised. she has told police that I was forcing her to give divorce.
If she has given complaint under dowry prohibition act, you may get yourself enlarged on bail on personal bond before the police and then attend the inquiry session and record your statements too as a precautionary arrangement.
1. Go to police station for counselling.
2. If FIR gets registered then apply for and obtain anticipatory bail.
Hi,
I am adv.niranjan, lawyer based bangalore. Please provide the current status of your case.
FYI. in the past if there was 498a case was filed and got compromised then your wife can not file 498a case again for silly reason.
Thanks,
Adv.Niranjan,
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I had attendee the counseling and they have asked us to come for 2nd after 15days. But she is adamant to file the FIR . As it is registered as compliant . My question is if police file a FIR , can I also ask the police to file a compliant against her for FIR. Police said there is no kaanoon like that. I have also faced mental depression because of her and even now in this 15 days she is doing one or the other things . I am getting mentally disturbed.
But if some FIR is filed against you, you may approach the HC for getting it quashed and once the proceedings end in your favor then you can file a case against her for filing frivolous case.
Regards
1) if police file FIR you should apply for and obtain AB from sessions court
2) you can contest case on merits