Soma (ta) 16 September 2017

498a

My sister in law had filled 498a which is pending. The divorce has already been granted. For the 498a we have already got 4 evidence date in which she has not appeared for a single date.Our lawyer ,judge everyone is telling that without her appearance the case cannot be dismissed. Please need some advice

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10 Replies

Siddharth Srivastava (Advocate) 16 September 2017

No this is not the correct proposition. If complainant does not appear in case, then court has ample power to dismiss the complaint. The court may also issue court notice to complainant directing her to appear in person and if she does not comply with the notice, the court can dismiss the case.

SHREY DAMBHARE 16 September 2017

I agree with Sidharth Srivastav Sir, you shoul file application for discharge mentioning the aforsaid ground and judge will have to order in that application either in your favour or against you. But, somthing should happend why you will have to suffer for unnecessary adjournments.

Nick 17 September 2017

Hi All , I am trapped in noof fake cases just for mere extortion of money and blackmailing. My girl friend trapped me in a fake marriage saying we got married in a temple when we gone out for a trip and then book me n my family in 498a, 493, 352,504,506,dp act 3/4. This all the crimes numbers in Fir and later she filed application for DV, Maintenance 125 and has also filled for 406/34 and fake application in police saying me and my family has beaten her in her local town and we never visited her place however that is not yet registered in PS but they are challenging it in court under 190(1) I have taken arrest stay for my mother father and maternal uncle and mine was dismissed and we have recieved no relief in Fir quashing as well. Case is off U.P. What needs to be done

R Trivedi (advocate.dma@gmail.com) 17 September 2017

No, the trial court cannot dismiss the case as case under 498a is non cognizable and non compoundable. It was recommended by law commission to be made compoundable but I think the govt has not yet amended.

R Trivedi (advocate.dma@gmail.com) 17 September 2017

Pl read cognizable....in place of 'non cognizable' in above post.

Nick 17 September 2017

@ R Trivedi: So you mean to say I have to fight the case and prove her wrong or go for settlement.

Nick 17 September 2017

We have never stayed together in living relationship as well then how domestic violence and how can she be liable for maintenance when she is not married to me. Can 498a and 493 can be applied together.

Siddharth Srivastava (Advocate) 17 September 2017

Mr. Nick just challenged the validity of the cases on the ground that there is no marriage and there is nivrelatiship of husband and wife. If required file petition for quashing in high court. Consult a good lawyer with all details. Siddharth 9811776422

R Trivedi (advocate.dma@gmail.com) 17 September 2017

Mr. Nick, 498a is applicable on live in too, but you say you were not married and not even in live in relationship, so what does she say in her statement. What is alleged relationship by her?