dona (stylish) 01 November 2014

Need urgent help

Hi,

I am facing problem with my brother. my sister-in-law left him on 2012. after going she was trying to convince my brother to take her back but my brother caught her red hand while she was talking with her boy-friend late night. after 6 months we filed Divorce case and from then her family and she started harassing us. she filed 498A twice. even my brother had to stay in jail for 5 days. but now she filed 490 & 498A again and we came to know from our law-year that an warrant had been issued by my brothers name. my brother want to get rid of that women and she threatened him that she will first ruined his life and then will leave. my brother is running here and there for protection.

My question is-

1. is it non-bailable?does he have to go to jail again?

2.what step we can take against her now?

3.my uncle is above 65 years and not able to take this stress any more. can we file a case againt mental harassment from his side?

4. how can he get divorce as first as possible.

5.for this cases & warrant my brother will loose his job? he is a software engineer

we all are very much worried for them. if this continues then god knows what will happen to them. PLEASE EXPERTS HELP US.

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4 Replies

Dr J C Vashista (Advocate) 02 November 2014

Your lawyer is the best person to tell you regarding subjct warrant whether it is bailable or non-bailablle.

Have faith and consult your lawyer.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 02 November 2014

Dear Querist

My opinion on your queries are as under:

1. is it non-bailable?does he have to go to jail again?

Opinion: Inspect the file and checked it is bailable or non-bailable, the case is non-bailable.

2.what step we can take against her now?

Opinion: It depend on the facts of the case.

3.my uncle is above 65 years and not able to take this stress any more. can we file a case againt mental harassment from his side?

Opinion: If his name is also in FIR or Charge Sheet then fight on merit and if get acquittal then file a defamation suit or complaint against her.

4. how can he get divorce as first as possible.

Opinion: It's depend on your lawyer, file an application u/s 21B of HMA for speedy trial.

5.for this cases & warrant my brother will loose his job? he is a software engineer

Opinion: No, he can not

dona (stylish) 02 November 2014

Thank you so much for replying. it is a bit relief that he will not loose his job. but it will be better for me if you can guide me about 21B as u refereed. can i know what is it. i would also like to know about 323 & 406 (as both the cases were also charged against my brother ). i dont know much about this sections and for doing what offence this have charged.