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RSambha   23 June 2024

498a 3 and 4 dp

Hello Everyone,

My In-laws filed a false 498A case 18 months back in a district additional magistrate court. They have attached my mother and brother as A2 A3.

SInce then they have been attending the court when ever the court has called. I was not able to attend since fir is charged due to visa issues.

I need to understand the what steps i need to take now as it is 18 months over , now the other side they prepared the girl to say , she wants to come USA now to for matrimonial life . So far they never came , when i made multiple attempts to bring her here to USA before filing the case . I sense a false pretense in they asking the court now that she wants to join me in matrimony. 

So far i could not made a single presence in court , i changed two advocates as they were not sincere in fighting my case for me rather they were colliding with the other party to share our thought process and i have third advocate even he is sending his junior or trainee and they are not even going into court to convey the message and ask for adjournment. This is putting enormous pressure on my A2A3 family memebrs as they have spend 50k to reach the court overnight journey amid health issues . 

Judge is giving monthly dates and she gave date in 10 days again . They are applying pressure to reveal my where abouts and asking them to inform me to make calls to my wife directly and talk to her as they claim she wants to come to USA now to live with me.

This all seems a bit drama and i cannot guess what thier true intentions are.

1. Whats steps i can take to remove my A2A3 names from the case so i will have some time to work on next steps. A2A3 were not involved in any wrong Doing or harras her for additional Dowry

2. Since my advocates have not represented my absence properrly, even after i had asked them, Can i ask my lawyer to submit a written response to court about what how many attempts i made before to bring her to live with me in USA and ask for some more time to consider her request now.

3. in last hearing few days ago PP of the court asked my A2A3 to take responsibility to talk to me and make me call to my wife . to which they said i dont listen to them and i am not in regualr touch . They are applying pressure, asking me to call my wife in next 10 days before court date, is it advisable for me to make a call while case is in court . Or i should only talk in presence of a lawer while case is active.

4. Also whats steps  i can take to control case becoming adverse for me at this stage.

Seeking some expert opinions in this matter . please advise as this is bit urgent as next hearing is in 8 days

Thanks in Advance







 2 Replies

T. Kalaiselvan, Advocate (Advocate)     23 June 2024

1. They can approach high court with a petitioon to quash the FIR against them for the reasons they rely upon.

2. In the criminal case if you have not apperared before court even once then your advocates cannot help it, you cannot blame someone for your fault, if you do not want to take her to USA, you can very clearly inform her about it instead of just dragging it endlessly.

3. You can decide about it based on the circumstances on your side, ther is no legal solution for this.

4. At one stage you have to be present before court to have it disposed, you cannot stay in a remote place and ask for suggestions to overcome this problem without taking any steps as is required by law. 

P. Venu (Advocate)     28 June 2024

The posting is based on misinformation, or rather disinformation, than facts. Offence under IPC 498A is a criminal trial. It appears that you are unaware of the rudiments of  a criminal trial.

What is the present status of the case? has summons been issued? Has the accused been provided with the copy of the charge report?

What is the Case No.? Whcih Court?

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