XMMHelp616 (WAS) 09 July 2012

498 filed for innocent parents

Hi,

My brother who is disabled got married with a disabled girl last year. The girl stayed for 3 months period and then went back to her parents house blaming mental torture and misbehave by my parents. Now her family has filed a police complaint against them under sec 498a at girls hometown stating my parents demand for lots of money and mental torture to girl which is 100% wrong . Somebody from police station called my parents to come and meet regaring the matter. Its not clear what procedure will be used after they reach as they are innocent and all blames are wrong. Please let me know how can the case can be dismissed and girls side can be prooved wrong. My parents are also ready for compensation. Please guide us.

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5 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 09 July 2012

Depending on the state - the initial procedure and reaction to a 498A complaint are different - if CAW Cells/Mahila Thanas are there in your state - then normaly before registration of FIR - a preliminary enquiry is conducted to ensure that the case is genuine and to bring about a concilliation since these are sensitive family issues and any hasty police action may damage the union beyond repair. However to be on the safer side you have to seek anticipatory bail right now and then strategize further

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 09 July 2012

XIndia,

fearing of a false 498a case - please go through each of the links below. I understand it may be boring, but it can save you lot of trouble later. If 498a is imminent - to save your parent, brother, sister, etc from 498a, you may ask your parent to legally disown you, your parent need to contact a lawyer to file affidavit in court.
Once your wife files 498a, just go underground, do not get arrested at any cost, make your lawyer apply for bail for all those people who have been named in the FIR, surrender to court after bail is denied.
Ideally Police should not register FIR if your wife is living separately from you , so make sure that you have got some solid proof for the same as example you can send legal notice to your wife to her address asking her to come back. On the basis of the notice file the Divorce immediately.

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Join the site and learn more- "498a.org"

XMMHelp616 (WAS) 09 July 2012

Thanks everyone for your prompt reply. Well yes the complain has been filed in Mahila Thana at Rajasthan state. Please let me know that can we apply for AB right now as no FIR has been filed yet only the complain has been filed. Also how much cost does it have to file AB and is it ok if my parents doesn't go to that police station as they received the call to appear?