A class 1 govt officer married a Delhi slum girl. 1 year old marriage. Girl deserted husband within 5 days of marriage, from honeymoon hotel, due to her male friend, after calling husband fat. A day before deserting, she said, she is carrying her jewellery, husband has recording. While deserting, she signed a list of jewellery, given by both sides, being carried by her at hotel reception, in presence of several hotel staff, videographed by husband. Later husband filed a complaint of fraud against her, police didn't file FIR. Then she filed a dowry complaint in Delhi. 1 Girl has claimed, her jewellery were snatched by husband on marital night, but husband has her written statement, video of the same as well as an audio confession, (but jewellery is not visible in video, only hand bag and suitcase visible) . Can husband file a case against her on this basis or he can only give his evidences at dowry case trial? 2 What sections can be filed against her? 3 She is MA. She has also claimed anal sex with blood, on marital night, but a day later, she is kissing hubby on whatsapp, also asking his help in marriage of her female friend. No medical. Can it be used expose her lies? 4 Husband has the call detail records of her regular call with her friend at odd hours, before marriage, in form of photos and videos. Also has their call detail records after marriage, but not at odd hours. How court sees such evidences? 5 Gift declaration under DP Rule 85 was signed at time of marriage, with signs of neighbours and friends of both parties. Now they claiming as forced signature, and claiming her brother paid dowry. After desertion, husband got a facebook chat confession from her brother, by becoming his online gf that husband did not ask or get any dowry. Will this evidence work in police/ court?
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If wife has made false statement on oath and maligned your reputation file case of defamation against wife under section 500 of IPC
2) medical examination is necessary to prove anal sex
3) wife affair before marriage is immaterial
4) you can file petition for quashing of FIR under section 482 of cr pc
5) you can rely upon chat messages , call recordings to prove that you were framed
6) also apply for and obtain anticipatory bail from sessions court
1. Since the dowry demand case has been filed, he has to express his innocence only n the trial proceedings and not that he can give a case against her. The documentary evidences in his possession should be relied upon to get acquitted.
2. Cheating and fraud.
3. This is a matter of cross examination to nullify her allegations.
.4. Call records may not be entertained as primary evidence but the the compromise photos of her with her boy friend prior to marriage should be a strong evidence to prove that she eloped with her boy friend, the same person after marriage to prove her acts of adultery.
5. It is a matter of cross examination during the trial proceedings to nullify the allegations leveled by her in the criminal case.
Dear client,
1. Yes, the husband can use the evidence he possesses, including the written statement, video recordings, and audio confessions, to support his case. These pieces of evidence can be presented during the trial of the dowry complaint to establish the truth regarding the alleged snatching of jewelry.
2. The sections that could potentially be invoked against the wife depend on the specifics of the allegations and evidence presented. They might include sections related to fraud, defamation (if false accusations are proven), and potentially perjury or filing false complaints if her claims are found baseless and intentionally misleading.
3. The evidence of the wife's contradictory behavior and communication, like the WhatsApp messages where she's kissing the husband and seeking help for her friend's marriage, can be used to challenge her claims of forced actions or distress, potentially undermining her credibility in court.
4. The call detail records, especially those indicating odd-hour communications before and after marriage, can be used as circumstantial evidence to support claims of ongoing relationships or activities. The court may consider these records to establish patterns or relationships relevant to the case.
5. The gift declaration signed by witnesses, if contested as forced, might require these witnesses to testify or provide further evidence to establish its authenticity. The Facebook chat confession from the wife's brother denying the dowry allegations can be presented as exculpatory evidence to refute claims of dowry demands.
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Any evidence needs to be proved in court only such evidence is not automatically admissible in court
Thankyou learned counsels. Kindly inform : 1. The qazi of the marriage has wrongly mentioned in nikahnama that the mehar is unpaid, but he has accepted about the payment in whatsapp chat with husband. Now he is siding with the girl, as he is a relative of her. Would it be advisable to file a case of fraud against the qazi? 2. Wife has earlier confessed about the possession of mehar with her, but now denying in her dowry complaint. Can it be a ground for an independent case against her? 3. If police doesn’t provide receipt for evidences submitted to it by the accused during investigation, can the same be forced through an order from magistrate under 156/3? 4. I have filed a NI 138 case against girl’s brother. 82 is over, he got bail in 83. Can FIR be filed under 174A IPC? 5. What is the basis of proclaiming an accused as proclaimed person, 82 or 82+83?
File case against quazi
2) file case against wife of perjury if she has made false statements on oath
3) send evidences by letter with covering letter obtain acknowledgment from poluce
1. No case is maintainable against the qazi at this stage, he will deny your claim. Whats App message is not accepted as admissible evidence
2. Mehr is different to taht of the dowry demanded from her, hence it is a matter of trial which can be nullified only in the cross examination.
3. Police will not entertain any evidence produced by the accused, the accused has to file the same in the trial proceedings only if police is not cooperating
Dear client,
1. Fraud Against the Qazi: If there's substantial evidence to prove fraud or misrepresentation, it could be pursued legally.
2. Contradictory Statements by Wife: Yes, conflicting statements made by the wife could potentially be used as grounds for an independent case, especially if these contradictions significantly impact the authenticity or truthfulness of her claims.
3. Receipt for Evidences Submitted: If the police refuse to provide receipts for evidence submitted during the investigation, legal recourse might be sought through a magistrate's order under section 156(3) to ensure proper documentation and acknowledgment of the evidence.
4. NI 138 Case & FIR Against Brother: The specifics of the case will determine if filing an FIR under 174A IPC is possible.
5. Proclaimed Person Basis: Typically, an accused becomes a proclaimed person under section 82 of the CrPC when the court issues a proclamation requiring the accused to appear at a specific place and time. If the accused fails to appear, they can be declared a proclaimed offender. Section 83 deals with attachments and proclamations for the arrest of absconding offenders.
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1 . If she has filed a complaint before the Court , then the husband can move an application under section 340CrPc for giving false affidavit & information to the court for lodging an FIR against her.
2. The husband can file divorce petition before the court on the ground of desertion , non-consummation of marriage and extra-marital affairs
3. Since, there is not medical proofs , hence she cannot take any relief from the court
4. These call details can be produced by the husband before the court , and it is admissible in evidence to prove her extra marital affairs.
5. Yes , husband can produce those chats in evidence
Further,
1. No case made out against the Qazi . The husband can produce the proofs of paying the Mehar before the court through the witnesses available in the Nikahname.
2. Yes
3. Yes
4. Yes
5. After the statement of Process Server/police official under section 82 CrPc.
