section 498a harassment
Querist :
Anonymous
(Querist) 12 May 2011
This query is : Resolved
My brother in law is a doctor in Australia.He got married in India in 2009. The marriage did not work and since the girl was not willing to divorce, he filed a unilateral divorce case in Australia. The girl and her family filed 498a case against my father in law, mother in law my husband and myself in India.Meanwhile the Australian court has granted divorce in the matter.
On an average we stayed with the girl for a period of 40-45 days as majority of the period she was in Australia, and since my husband and myself both are employed we stayed for even lesser period.
The anticipatory bail petition has been rejected in the lower court . The last time we met the girl was on June 22 2010. I have a 1 year old child and arrest warrant has been issued against us. till now we have managed to evade arrest, but i want to know what are the options open to me. The lower court delayed the hearing for around 2 months asking for the case diary each time and postponing it for 6 times, which was deliberately denied by the police. What are the general practice followed for case diary to be presented in the court, how long can courts wait?
also since i am a government servant, my probation period has been extended and my seniority lost.
once the matter settles down what are the options open to me for filing a compensation case
Devajyoti Barman
(Expert) 12 May 2011
You should have filed the anticipatory bail in the high court than the sessions court as in the sessions court the police is more prone to manipulations.
Mere acquittal may not be sufficient for suit for damages.
Guest
(Expert) 18 May 2011
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09960223100
e.mail.advocatesawantnb@yahoo.com
e.mail.nandkumarbs@sify.com
KINDLY NOTE THAT
1.A CASE UNDER SEC.498A AND OTHER PROVISIONS OF INDIAN PENAL CODE IS FILED AGAINST YOU AND YOUR FAMILY MEMBERS.YOU ARE EMPLOYED .WARRANT ISSUED AGAINST ALL.
2.YOU MAY URGENTLY CHANGE THE PLACE OF RESIDENCE AND ALSO TAKE LEAVE FROM YOUR OFFICE AS POLICE MAY ARREST AT BOTH THE PLACES. YOU MAY URGENTLY APPLY FOR ANTICIPATORY BAIL AND PRAY FOR URGENT INTERIM ORDER OF ANTICIPATORY BAIL TO THE DIST AND SESSIONS COURT / HIGH COURT HAVING AREA JURISDICTION.
3.YOU HAVE BRIGHT CHANCES OF SUCCESS AS YOU ARE EMPLOYED AND ALL ARE FALSELY INVOLVED .
4.IN ADDITION TO THIS YOU MAY ALSO FILE A CRIMINAL WRIT PETITION TO THE HIGH COURT FOR QUASHING THE FALSE COMPLAINT FILED AGAINT YOU AND YOUR FAMILY MEMBERS UNDER SEC.498A AND OTHER PROVISIONS.YOU MAY APPLY FOR STAY OF THE SAME.YOU WILL SUCCEED.
YOU MAY SEND DETAILS FOR ANY FURTHER HELP.
GOOD LUCK.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
YOURS SINCERELY
NANDKUMAR B.SAWANT,ADVOCATE
