498a
jogesh
(Querist) 20 April 2015
This query is : Resolved
dear learned expert
i have an query please suggest
my brother's wife file false 498a case against all the family member[ father,mother, my brother(married), me , sister, brother]
police has not arrested us but we are expecting soon (0ne or 2 day(s)even tonight.)
bhabi"s family came with police and they taken away all the list of gift and item they have given at the time of marriage. the day of FIR they seize stuff they had give to my brother who is married.
they have different real issue, the real issue is my brother had a love relationship before marriage so when bhabi come to know she feel something awkward and cheated.
we all slapped with 498a, 323, 506
police has not yet arrested from last 24 hours as of now but still...
matter is i never stayed in my home state i was studying in out of state(delhi). my home state is odisha where case has been filed.still how cab i be involve in such act. i do not understand why a 498a case. we know what she is feeling. she have another issue with my brother. they have communication problem and mistrust.she believe my brother has still such affair what he had once in his life before marriage. he did not marry his ex gf because he later found she is not girl but a women. the ex gf had a husband and she did not reveled it untill things are come out though outsource and found legal document of the lady mentioning the name of her husband. so he left her the have their mutual agreement to end the love relationship after 2/3 moth of stressful time. and my brother finally find a new girl and marry her (arranged one this time )
when the new lady come to know that he has an love affair before marriage she tell us that you people have cheated me and started ad things but we compromise it but finally she decided to teach us a lesson and lodge a 498a and other section. she should file a case of cheating if it is a cheating but dowry related complain is false. Applied for AB. our advocate is good giving us so high morale. we never been a in such police mess in our entire life this is first time so feeling not good at all.
i need advice and steps to follow.
please learned member suggest us ways to fight this menace.
he never married the ex gf but his ex gf is a women friend . later it was found through some of the enemy of the women but this time ex gf is not the problem. it the legally married wife who is feeling cheated and filed a false dowry case. can we be prosecuted for the previous love relationship??
my brother does not have any affair after marriage but she suspecting my brother.
marriage time 14 months old
they have a baby girl 3 months old
FIR day they taken away all the stuff they have given at the time of marriage which we never demanded but as tradition in our society we accepted that things.
can this seize of property is legal on the day of FIR,do we have any merit of this act of seizure.
please suggest dear experts
Devajyoti Barman
(Expert) 21 April 2015
1. Ask the husband to take bail first and then fight the case on merit.
2. Past love affairs is no ground for 498A Case but she must have alleged some other incidents on which the case will proceed.
3. Since such cases take lot of time , it would ne better if you go for an amicable settlement on comfortable terms.
Rajendra K Goyal
(Expert) 21 April 2015
Repeated query:
http://www.lawyersclubindia.com/experts/498a-534056.asp#.VTXHZtKqqko
jogesh
(Querist) 22 April 2015
Dear sir
It is all aassembled querry. so please its a request not to treat it as repeated qurry.
