Need to apply excemtion to parents in 498a


Hello Experts,
I am working in IT staying in Maharashtra,
My wife left me around 2011 and after 6 months they discussed 3 to 4 sittings.
They have demanded 50lks otherwise they put 498a on my complete family. I am including poor even we are in IT as we don’t have any finantional support. They have placed a case in another district apart where they stayed at the time of marriage. As police harassing my parents I went with one more male family member asked pile to remind us. After lot of request I was there in remind for 3 days and finally got bail.
Now the case is in court. There is 2 cases running one is 498A and maintenance.
The dates are coming very frequently and we need to pay lot of money. Last one month we paid 10000/- around. They keep asking me including my parents and brothers and their wife to attend court as the family ladies. I want to apply for exception. The thing here is me and my wife staying alone without any of my family members. I list about CRPC205.I want to explore more.
My mother with sugar and recently had catered operation
My brother family with 2 kids (both female) its very difficult to travel between 2 stats. Can someone please help me how to ask exception to all my family (5 members- 2femals, 3 male including father ). If this is not possible at least 2 ladies in the family.
 
Thank you,
Nandu
 
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can some one pleaase replay me

 
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Fighter

Best is to go to court with male members (probably you and your brother) and file report for ladies citing some reasons.

 

Court / judges are liberal enough to grant this reports.. If judge mentions explicitly to bring other members then only consider to go with them.

 

P.S. I have been following the same approach in my 498A proceedings.

 
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Freedom

Could you name the two districts that you commute in Maharastra ?

The Lawyer you appointed can plead for your female members to be exempted from appearing in court  as Never give up has stated .You can tell your lawyer to seek longer dates rather than travelling frequently stating that you come from another state . I dont understand to whom are you paying a lot of money ( Rs 10,000) . 

Dont give in to a settlement and contest the case . 498 A is filed for abstraction of money and settlement .In CRPC 125 that she has filed what is the demand for maintanence . Whats your wife qualification and is she working or has she worked before ??

 
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Worker

file application for exemption.

exempted family members have to be present in court ONLY on the dates specifically fixed by the court. (i.e. - their testimony / cross, etc.)

 
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Hi Amit,

Is there any way I can personally apply this excemption.

This can ble applied only where case is running or even in highcourt also.

their testimony / cross, this information only given by lawyer. But my Lawyer is littlebit tricky. He henerally dont listn what I want to tell.

I know now i am in supe but I want some way to get contron on this situation. If I can personally submit is there any format for this aplication?

Please let me know

Thanks in advance

 
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Worker

check ur PM, anand

 
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Worker

http://498afaq.blogspot.in/2009/07/what ... -step.html


What is the 498a trial sequence (step by step)?
This sequence is applicable to all kinds of trials. But I am referring as sample for 498A trial as people here are concerned with this. This is 'Police Warrant' case i.e. instituted on police complaint (complaint given by 'Informant' i.e. wife in this case)

1] F.I.R.

2] Police Investigation (if at all takes place) & arrest without any necessity of warrant. In some States, D.C.P.'s permission is required for arrest.


3] Bail. Police asks for 'Police Custody' (called 'PC') for interrogation and recovery of articles (S.406 IPC). Accused submits custodial interrogation is not necessary etc. Then magistrate pass order for 'Judicial Custody' (called 'JC').
Then accused apply for 'bail', say from 'police prosecutor' (called 'pp') and Investigation Officer (called I/O) is asked by court who always strongly objects religiously and then on argument from accused counsel it is granted (or not granted, then go to session to High Court to Supreme Court, at some place it is
given). Important fact is that 'bail' is always granted from 'JC' AND NOT FROM 'PC'. The process in legal fraternity is called breaking 'PC' to 'JC'.

4] Then no need to attend court. On filing charge sheet, police sends summons or make telephone call to attend court to receive charge sheet, till such time - no need to attend court. However a tab shall always be maintained on chargesheet as many times police/court dont send information to accused at the time of filing chargesheet, but it does not harm accused except that precious time is killed.

5] At the time of receiving chargesheet which is given free of cost to 'each' accused by 'pp' in court, sometime court asks accused whether they are guilty, normally accused say - not guilty. Check the charge sheet - it is also called 'Final Report' - there should be a table showing list of witnesses and documents - many times it is not given, tell court for any discrepancy in it.

6] Then dates, accused must attend them or take exemption u/s205 of Cr.P.C. (permanent till trial starts).

7] Firstly, charges are framed u/s240 Cr.P.C. (if discharge application not made u/s239 Cr.P.C.) when accused can oppose.

8] Then First witness - wife - PW1 - PP asks question to her based on her complaint to take FIR on court record. Then accused's counsel cross examine her.

9] Then her father (Pw-2), Mother (PW-3), Sister (PW-4) etc. whomsoever I/O has taken as witnesses and taken statements (which are given with chargesheet to accused).

(For 'malicious prosecution/perjury/falsity/vexatious/frivolous/distress etc upon oath '- damages under civil suit can be filed for amount limited Rs.50,000. It must be filed within Limitation period.)

10] Then I/O's examination-in-chief by PP and cross by accused's advocate (counsel).

11] With this, prosecution evidence closed. If accused has any witness, they can be called as defence witnesses (normally not called as they may by mistake say something against accused in cross examination). First accused's advocate will take examination-in-chief and then PP will take cross-examine (prosecutin and defence role changes).

12] Then accused are examined by magistrate u/s313 Cr.P.C. (Many people even advocates do not know special characteristic features of S.313 of Cr.P.C. which I am giving below for legal knowledge of members :S.313 of Cr.P.C. is the examination of the accused by the court. This takes place after the prosecution closes its case.
* The Examination of the accused is NOT ON OATH.
* Neither the prosecution lawyer (the prosecutor - APP/PP/Watch advocate) can cross examine an accused.
* The essence of examination of the accused by the Court is that the Court gives opportunity to the accused to explain circumstances appearing in evidence against him.
* THE ACCUSED CANNOT BE CONVICTED FOR GIVING FALSE ANSWERS TO THE COURT QUESTIONS, EVEN IF THE ANSWERS GIVEN TO THE COURT ARE PROVED TO BE FALSE. But it could affect credibilty of the accused.)

13] Then PP gives argument, then accused's advocate gives atgument.

14] Enjoy - Now order - acquited (in case of acquital).


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