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498a victim adivce asap

(Querist) 11 September 2014 This query is : Resolved 
Hi Guys,

I need some advice ASAP, My younger brother wife has lodged 498a case against the whole family as my brother is living in France, his wife went back to India from France where she stayed with him for 36 days. As of now I am living in Peru and just my mother who is 65 living in India.

The corrupt police & with her influence has got the arrest warrant against us even tough my sister and other family members who are not in India have not even seen her.

The police have given to the court that we are missing and NBW was issued.
My mother and my in-laws were arrested and they have got the regular bail now. But still pending in lower court.

We would like to appeal for high court for quash as we are still waiting for 4 months and the court have taken the case for hearings.

I want to visit India to see my mother and I have got a anticipatory bail, and my lawyer is not giving any direction how he is going to stop the arrest warrant.

We have come to know as she had a boyfriend working in Infosys she had moved to California and staying with the boyfriend as of now.
Her lawyer is calling us and blackmailing to pay 50 lakhs or my mothers and all the bail will be cancelled.

As we have all the evidence and photographs we are not able to do any thing legally.

IS THERE ANY WAY TO COUNTER CASE AGAINST THEM IF ANY SUGGESTION WOULD BE REALLY HELPFULL.


Devajyoti Barman (Expert) 11 September 2014
Do not not fret much as nowadays getting bail for 498A case is not such difficulty.

Ask your lawyer to apply for AB.Once you get that you have nothing to worry.
Do not succumb to any pressure.The pressure if any would crumble under its own weight once you get the bail.
P. Venu (Expert) 12 September 2014
Given the facts of the case, it would be better if you move the Supreme Court under Article 32.
Rajendra K Goyal (Expert) 12 September 2014
Ask your lawyer to get Anticipatory bail for you and other family members.
T. Kalaiselvan, Advocate (Expert) 19 September 2014
Her lawyer cannot demand the ransom from you with the reported threat to cancel the bail of your mother. He cannot do so, he can file a petition but may not be be able to prove it. Ask your lawyer to counter the same properly.


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