498 a
Anita Singh
(Querist) 20 July 2012
This query is : Resolved
dear expert
mt client wife sent a letter on her advocate letterhead to the police station that she will charge him 498A , 504, 506, of I.P.C if my client will not take her to his company police officer phoned my client that with in 2 days if he will not take her then he will file F.I.R against him and arrest him now my client is reday to take his wife he will go to police station and setteled his marriage
pls let me know what police will do either they will take my statement or take bond from my client and what will be my role of advocate in police station
and also my client wants to setteld his marriage in my office then what documnet i have to prepare and that document should be on stamp paper or on ledger paper
Adv.R.P.Chugh
(Expert) 20 July 2012
498a is not meant for resumption of cohabitation. If the wife wants to live with the husband she should file RCR or a right to residence application under the DV Act, the criminal law cannot be used as a vehicle of opression and as a tool for legal terrorism. As an officer of justice you have a big role to play, if otherwise the husband does not want to live with such a lady - dont let him be arm twisted into doing that.
Nadeem Qureshi
(Expert) 21 July 2012
Dear Anita
this is not a valid settlement it is a settlement under pressure, if your client want to file a criminal case you can file a criminal case against her u/s 383,384 of IPC for extortion.
Feel free to call
Arun Kumar Bhagat
(Expert) 21 July 2012
As an Advocate you should try your level best to reconcile the matter and unite them i.e. what the Police is doing morally but illegally.
