False 498a case by my brother's wife
Harrassed by False Case
(Querist) 09 October 2014
This query is : Resolved
1. My brother's wife filed a false case against my brother and other family members in Feb'14
2. My brother got arrested in Mar'14
3. Within six days the girl submitted a affidavit/declaration in court stating that she wishes to stay with her husband and they will sort their problem amicably.
4. My brother was released on bail and was forced by her wife and father in law to stay together.
5. In the meanwhile the father in law of my brother took the attedance diary ( as my brother was asked by court to visit the IO thrice in week) from my brother with an assurance that he will withdraw the case against him. In good faith he handed over the diary to him.
6. within four months the wife of my brother started torturing my brother again.
7. My brother had enough and knowing that things have deteriorated so much that they have reached a point of non reconciliation.
8. As soon he expressed this thought, my brother's wife and her father started mental torture that the case is still open and as attendance diary is with him he will cancel his bail by telling that he has not fulfilled the conditions of the bail.
9 we are now fade with this constant mental torture and being in a such relationship out of fear does not seems to us a good thing. we want to fight this case on merits.
10 From the experts, i would like to know what can happen now. Will my brother put behind the bars once again . will he be kept inside the jail till the completion of the case.
ajay sethi
(Expert) 10 October 2014
no your brother can obtain bail . with recent SC guidelines your brother can easily get bail
Rajendra K Goyal
(Expert) 10 October 2014
If arrested, your brother may get bail. If no chances of reconciliation and getting rid of mental torture, no other alternate but to face this ladies terrorism.
V R SHROFF
(Expert) 10 October 2014
ur brother with get bail
T. Kalaiselvan, Advocate
(Expert) 15 October 2014
Your brother is already on bail, if your brother's father in law wants to proceed against your brother for violating the bail conditions, ask him to proceed, he cannot do so, it is the court which has to initiate action for this lapse and not your brother's FIL. Ask your brother to be brave enough to face any external threats this way. Let him take the help of his lawyer at the time of crisis.
