What type of Question You need to ask if you want to get out of 498a to wife and relatives?
In this article I will share you few things which you have to follow to win 498a. Asking right questions is the key to defence strategy and to make sure that the false case is established before court of law.
Although each case is different on different facts and circumstances so these questions will be differ on case to case basis however I am taking up different scenarios.
Scenario -1
when wife says she has been harrased in matrimonial home and some of the incidences do not bear date.
Strategy here is to separate these incidence and confront her with the incidences and ask the below mentioned questions?
Q. Is it correct that have not mentioned the date of the “specify incidence” incidences in the FIR?
Q.Is it correct you have not complained about this incidence to your father or mother or to the police?
Q. Is it correct you have not specified the time of the incidence in FIR?
Q. Is it correct you have not specified role of each of the accused in the fir?
These are close ended questions with either “Yes” or “No” as answer.
In the last you can end the series of questions with a suggestion
No such incidence has been occurred that is why you have no specified date, time , role and you did not reported the incidence to police.
Scenario-2
Questions to Ftaher if 30-40 lakhs of rupees spent on marraige?
Q. You can start by asking that you have stated that you have spent 30-40 lakhs in the marraige?
Q What was its source?
He may say savings
Q. Have you withdrawn money from bank FD ?
He may say by cash
Q. Have you disclosed this cash in your ITR?
If Yes Ask for ITR.
Q You can ask him to explain the source by seeing the ITR?
If he cannot disclose then fact is not proved.
Scenario-3
Questions on Medical-Delay in Medical
Q You can ask that incident happened on date?
Q You went to doctor after 2 days after the incident?
Q. Why there is a delay of 2 days?
She may say she was in shock.
Q. You left the matrimonial home on same day?
Q You went to your father house after that?
Q You told your father about incident and he may have saw your bruises?
Q why he did not took you to hospital on same day or called the police? I guess he was not in shock
I suggest to you that no such incident happened and you deliberately created injury.
The idea is to create doubts in the mind of the Judge that the case may have been fabricated.
Advocate Nitish Banka
9891549997
Nitish Banka is an advocate practicing in Supreme Court of India and can be reached at [email protected] or 9891549997
