False case under sec 498a
Subhash Rath
(Querist) 10 July 2014
This query is : Resolved
The husband is working in Bangalore & wife in Bhubaneswar. The wife refused to shift to Bangalore(although agreed before marriage) for inexplicable reason. When forced by her employer & transferred , she came came to Bangalore after one & half years of marriage& filed FIR in Bangalore under section 498A by concocting a story that she & her father were not allowed entry in to the house because dowry was not paid.Under the pretext, she got her transfer back to Bhubaneswar. Court case started in session court (Bangalore) in October 2011 against husband & parents. Accordingly I engaged a lawyer with agreed fees of Rs 20000. Charge sheet was issued by court against husband only in April 2012 as parents were residents of UP & were not present in Bangalore when she came.Witness called for exam in Dec 2013. Wife and her father pleaded through lawyer to reinvestigate & include parents in charge sheet. Court asked for objection from accused. The defence lawyer now asks for Rs 40000 more to proceed. Since it was a violation of what was agreed upon at the beginning , the accused requested him not to charge such exorbitant fees. The lawyer quietly told the court to allow the interim application and order for reinvestigation without disclosing to the accused. Being aggrieved when the husband as accused wanted to change lawyer, he refused to give NOC. Court has refused to accept new lawyer without NOC despite the affidavit filed by accused ..The accused has himself filed the objection stating trial has begun & magistrate court has no power to order reinvestigation. Meanwhile complainant has filed a petition in Supreme Court to transfer the 498A case to Bhubaneswar from Bangalore because she is a lady ,working in Bhubaneswar & can't travel to Bangalore to repose as witness or to pursue the case. She might have added few more concocted reasons. My query as father of the husband is a. how to progress with the new lawyer if not accepted by court b. court has not started hearing the interim application till the lawyers issue is not sorted out. What will be our action now c. Will Supreme Court agree/ order to shift the case to Bhubaneswar
ajay sethi
(Expert) 10 July 2014
SC will agree to shift case to Bhubaneshwar . pay additional fees to the lawyer and obtain his NOC .
in the alternative make application to court that you dont want to engage a lawyer and to discharge advocate on record .
Nadeem Qureshi
(Expert) 10 July 2014
Dear Querist
my opinion on your queries are as under
a. how to progress with the new lawyer if not accepted by court.
Opinion: pay the total agreed fee to him and get NOC from him, it is easiest way.
b. court has not started hearing the interim application till the lawyers issue is not sorted out. What will be our action now
opinion: as above
c. Will Supreme Court agree/ order to shift the case to Bhubaneswar
opinion: if SC think fit and proper, but you have to file your objection and argue the matter.
Feel Free to Call
Devajyoti Barman
(Expert) 10 July 2014
You are free to engage new lawyer at any point of time provided his fees are cleared.
Transfer will depend on the merit of the case.
