antony austin 25 July 2017

Advice on divorce

respected sir, this query is regarding my brother who had filed a petition for divorce. the girls parents called my parents and apparently in the pretext of a warning told them that they would file section 498A againt my brother and my father and mother. as i am a law student i know this is a cognizable offence and the judiciary has only a 2% conviction rate in such cases. my parents are aged and personally do not want them to be involved in this crisis. what would be the remedies available inorder to protect them from unnecessary persecution and the defences we could use so as to tackle such a baseless allegation. hoping very much for your valuable suggestions and expert opinions. thank you.

Reply Follow

4 Replies

Samarpan (M)99958670740 (Free legal advice and legal aid cell) 25 July 2017

If she files case against your old parents, you have to take anticipatory bail. After that, if there is no serious offence is alleged against them, you can go for quash petition in High Court. Otherwise, there is always a open method where ' give and take ' policy can be adopted.

Laxmi Kant Joshi (Advocate ) 25 July 2017

You just gathered the evidences of your brother , mother and father's innocence in this matter , you must know that as per supreme court direction there is no automatic arrest in 498A , first investigation will held in the CAW cell and after their recommendation further action to file fir or dismiss the complaint is considered , tell your brother to exhibit evidences of his and parents innocence and convince the CAW cell officer that this is a false case and get the complaint rejected .