caps (x) 12 April 2014

498a

My brother filed for annulment of marriage [6months] on ground of non-consummation & in retaliation we were slapped with 498A. Whole family including my sister who is living in different city for last many years due to her study is also made accused though she only visited during marriage. we all got bail . we have all the relevant documents to prove that 498a is false. My question to experts is that, is there any way to provide exemption to my sister from appearing on every date of hearing traveling 2000kms? Also for my mother who is a senior citizen with a broken hip-bone and problem in both knees, reports are available with us.

Thanks & regards.

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7 Replies

navdeep (ABM) 13 April 2014

contact a good lawyer....if u have all the proof of innocence prepare a stragtegy...get yourself well aware about the process and procedures of 498. Seek opinions of different lawyers and do accordingly. i am also passing through the same, the diff is i filed sec 9 but result were same 498 DV etc against all, even against sis who is 400 km away and grand father who is no more now.

LEGAL-CIVIL CRIMINAL (SENIOR ADVUCATE. skjadvt@gmail.com) 13 April 2014

Getting exemption of appearance is easy. If your advocate can not do it engage another one for this purpose only.

498 A cases normally fail since you need not give evidence but other side has to prove the case which is not easy.

Only torture of attending court dates.

Sudhir Kumar, Advocate (Advocate) 16 April 2014

act as advised.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 17 April 2014

Easy or difficult would depend upon the court and judge, for example in Haryana it is not at all easy to get exemption from personal presence, even in Delhi only on medical grounds exemption can be sought permanently.

Though what perplexes me that you have filed annulment only on non-consummation, which is not a ground for annulment.

Regards,

Shonee Kapoor

www.shoneekapoor.com

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Yadanand Legal help (maintenance divorce remarriage = yourscrew@gmail.com) 17 April 2014

LAW IA SA ME ALL OVER INDIA. THERE WILL NOT BE PERMANENT EXEMPTION.

NO NEED ANY CERTIFICATE. FOR EXEMPTION DURING PERIOD WHEN NO EVIDENCE IS BEING TAKEN.

ANY GOOD ADVOCATE WHO GOES TO HIGHER COURTS ALSO CAN EASILY DO IT.

SANTOSHSINGH. (ADVOCATE sardarsena@gmail.com) 18 April 2014

Out of station parties facing exemption problems please contact with complete details. We will guide you to come out of your problems through out associates.

SIMPLE SOLUTIONS FOR COMPLEX LEGAL PROBLEMS.

(Guest)

As Mr Kapoor correctly said that permanent exemption is not easy it is the discritnary power of the court.Usually permanent exemptions are given on medical reasons supported with medical record.

regards,

Sunishchai Sachar

9711259959/9811576667