498a
jogesh
(Querist) 19 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.
please suggest
thank you
Dr J C Vashista
(Expert) 20 April 2015
Get anticipatory bail for all accused as soon as possible and contest.
Nadeem Qureshi
(Expert) 20 April 2015
file an anticipatory bail if police issue a notice u/s 160 of Cr.P.C. or section 41A of Cr.P.C
the police can not arrest directly in 498A cases as per the Apex Court Judgment.
jogesh
(Querist) 20 April 2015
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.
jogesh
(Querist) 20 April 2015
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.
jogesh
(Querist) 20 April 2015
please suggest dear experts
SAINATH DEVALLA
(Expert) 21 April 2015
The actual fault lies with UR brother for his love affair before marriage.No wife will tolerate after comming to know that her husband had a love affair.It must have been a love affair/live in relationship, thats why UR bhabi is so serious.Now in UR three successive questions to this post, U R in a hurry to get the desired solution.
Regarding the articles given at the time of marriage,they cannot trespass into UR house and take them.just because an FIR has been lodged.
I don't find any fault with UR bhabi for her act. I also feel that U have not come out with the correct facts about UR brother.
Other things nothing more than those mentioned by the other experts.
Nadeem Qureshi
(Expert) 21 April 2015
immediately file a quashing petition before hc u/s 482 of crpc with all the relevant documents.
you can contact over the phone or personally after pay the consultation fee or if you are ready to pay the consultation fee then meet in person, after fixed your appointment
jogesh
(Querist) 21 April 2015
dear sainath devalla sir
I am well aware about the fact that my brother had a love affair relation before marriage and the feelings of bhabi all together but the false case of dowry is in no sense right and correct. its also the future of the baby girl and all person involve to spend their most valuable energy in the litigation instead of putting life in good condition. dowry case is altogether false.
Devajyoti Barman
(Expert) 21 April 2015
you are already advised. Now it is your tune to take the necessary measure.
SAINATH DEVALLA
(Expert) 22 April 2015
A True wife will tolerate anything about her husband, not his love affairs.No woman will bear it,hence all this turmoil in UR lives.A woman will go to any extent to bury the man whom she has married.
The other legal and non legal matters, she would act as per the directions of her parents and lawyers.
Against all of U because U have hidden the facts at the time of marriage.
T. Kalaiselvan, Advocate
(Expert) 30 April 2015
Experts have advised you very well, you can follow the suggestions made with the help of a local advocate.
