Section 406 CrPC

1.....I filed clubbing of 498@,dv,354 on husband, 354 on FIL.... but district judge rejected saying they aren't related offence, however in her 498@, dv, she had made same allegations. So they are connected. Now what should be my recourse, should I go to high court for this petty matter or should file review in the same court. The assesment of district judge is wrong. Or should I go for the framing aditional charges in on going trial of 354.
2...The 498@ case was registered in 2017 but it was submitted recently in court and one apperance has been made. But request for chargesheet was denied as one was married daughter didn't appeared. She lives in banglore. All daughters were married before son's marriage and they shouldn't have been charged. Court is denying basic right to the chargesheet and other documents. What's are my options now to remove their name from court case . Should I deny the 498@ charges or should I just take them in ongoing cross of 354?
3....Additionally I was definately given drugs/ hallucinogens and false memory has been implanted in my brain. I suspect that no physical relations were made with me and child is not mine but of lover with whome she now resides. What can I do. ???
4...Child is 7 years now and never been allowed to meet me. I have already requested visitations under hma, and she isn't appearing at all. I don't want to file false case and jeopardize the chance of seeing my daughter. Can I request the judge for private dna just for my mental satisfaction. ?

Asked 2 years ago in Family Law

Religion: Hindu

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

Ask a question

6 Answers

1. There'snoprovisionin lawtoaccedetoyourrequest.

2. If this is state prosecuted case you will be supplied with a free copy of the charge sheet but for that all the accused are required to be present before the court at a time.

If the others name have to be removed then they have to file a quash petition before high court.

3. You have to handle this issue only during trial proceedings.

4. You cannot place any such requests before court, you have to file a petition seeking DNA test to determine its parenthood

T Kalaiselvan

Advocate, Vellore

89977 Answers

2492 Consultations

Talk to Advocate T Kalaiselvan

1) no need to file review application or go to HC

2) you can file petition for quashing in HC

3) The Supreme Court has held in a judgment that children cannot be mechanically subjected to DNA tests in each and every case between warring parents as a short-cut to establish proof of infidelity. “Genetic information is personal and intimate

Ajay Sethi

Advocate, Mumbai

Available Now

99775 Answers

8145 Consultations

Talk to Advocate Ajay Sethi NOW!

1. Yes, you can approach the High Court against the said order of district judge , as other sections can be clubbed with 498A , if those offences are committed by the same family members.

- If an FIR for section 354 already lodged , then it cannot be clubbed with 498A.

2. You can argue on the said matter at the time of framing of charge

- Further, if they are residing in other city and having other grounds for not involvement in the case, then they can approach the High court for quashing the FIR against them

3. You can lodge a separate complaint /FIR against her after submitting the evidences ,and if denied by the police then you can directly file a complaint before the magistrate under section 200 read with section 156(3) CRPC.

4. Yes, you can move an application for calling report of DNA, however it is allowed under special circumstances.

Mohammed Shahzad

Advocate, Delhi

15814 Answers

242 Consultations

Talk to Advocate Mohammed Shahzad

1. If both cases are before session judge court then clubbing is good option. You can opt technical issues. You can argue on issues also.

2. All named accused are entitled to full set of chargesheet. Case can be argued on charge. Details required to suggest remedies. Single lawyer for all accused be avoided.

3. You can ask for DNA test of child by filing appropriate proceeding.

4. Appropriate application be filed for DNA test. As such there is no private DNA test. Insist for visitation rights or meeting in court on every weekend. There is no place in law for satisfaction of a litigant.

Siddharth Srivastava

Advocate, Delhi

1551 Answers

Talk to Advocate Siddharth Srivastava

Dear Client,

Clubbing of Offences and Recourse:

If you believe that the district judge's assessment of clubbing the offences was incorrect, you might consider the following options:

Review Petition: You can file a review petition in the same court, presenting your arguments and evidence to challenge the judge's decision.

Appeal to High Court: If you believe that the district court's decision is legally flawed, you might consider appealing to the high court, especially if you feel that the issue is significant enough to warrant higher level intervention.

Removing Daughters' Names from 498A Case:

If you believe that your daughters' names should not have been charged in the 498A case, you could:

Provide Relevant Evidence: If there is evidence that supports the fact that your daughters shouldn't be charged, your legal counsel can present this evidence in court.

Cross-Examination: You can discuss with your lawyer about addressing this issue during the cross-examination of witnesses in the ongoing trial.

Child Visitation and DNA Test:

Visitation Rights: If you are seeking visitation rights to see your child, you can continue pursuing this through legal channels, as you have mentioned.

DNA Test: You might be able to request a DNA test for your mental satisfaction.