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Minor son 9 years back, now 18+ added as new witness in 498a against father??

Welcome Forums Advice 498A Minor son 9 years back, now 18+ added as new witness in 498a against father??

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    • #704

      Dear Friends,

      My son was 10 yrs 1 month when 498a was filed against me in October 2007. Now he is 18+. The Petitioner lady added his name as a witness against his own father (me). Is it possible? IO missed dates. On the last date when he was called with warrant, he arrived. But the Judge was absent. Today IO again did not turn up. Earlier the petitioner missed every dates and arrived for cross-examination after more than 8 years. Out of 3 witnesses, only one came and gave his positive views in OPs favor.

      Please guide me whether new witness (son) can be put against his father after the former attained majority? Is it justified? As obviously, the then little boy was taught right from his childhood that his father was a bad man. Please mention Supreme Court case reference. IO did not take any statement from the then minor son. It is not out of place to mention that I was driven out of my own house 9 yrs back, where the petitioner lady along with our son lives, whereas regular EMIs are paid by me being employee of the lending organisation.


    • #3706

      She cannt add new witness who was minor at the time of the complaint, you can ask the judge to remove his name from witness; if they want to keep his name then ask Judge, minor statement is valid ? or his name at the time of complaint.

      its clear that he was brainwashed by mother, and for sure he will bark whatever he was told to say.

      i will try to get some judgment on this.

    • #3707

      Thank you, Dr. Dsouza. If you can provide me with some judgements of Supreme court or so, I shall be grateful to you.


    • #3708

      check this one [ 498A – Child witness not valid, can be tutored ]

      hope it will help

      best of luck

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