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Rajiv kumar (abc)     30 September 2014

498a against relatives

1. Do the brother-in-Law ( sister's husband) comes under the definition of relatives of 498a. As this relation is never been in habitation under same roof while leading a life. Will that be challenged under high court with some means?  if brother in law will demand dowry than he would ask it from sister instead of my loving wife. 

 

Is there any recent supreme court judgement available on such definition of relatives under 498a? how I can challenge such false case. 



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 10 Replies

N.K.Assumi (Advocate)     01 October 2014

Don't you think that sisters husband and brother in law are relatives of the husband? Whether they will be a party to the case or not  depends on the nature of the case. As regard false case or not you have not reflected anything in your query.

1 Like

Sudhir Kumar, Advocate (Advocate)     01 October 2014

for being accused of 498a (or even for domestic violence) one need not be staying under same roof or same address or same city.  This crime can be committed from remote location.

1 Like

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     02 October 2014

Please see the attached citation for “relative of husband of a woman” . This citation may be helpful for quash your case if you appear in-person in High Court.

 

Please read each of my posts carefully in the following links.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

 

 

 


Attached File : 550180438 citation.pdf downloaded: 109 times
1 Like

Rajender Kalra (Men's Rights Activist )     02 October 2014

brother in law comes under the definition of relative...he can be made accused...example:brother in law pressurized the wife for dowry through phone ...

1 Like

sharma (ADVOCATE)     02 October 2014

Hi, refer to the supreme court recent judgement in the month of july, 2014 which may give you some sort of releif regarding fighting of your case.

1 Like

T. Kalaiselvan, Advocate (Advocate)     05 October 2014

The latest judgment of supreme court on such false cases will certainly bring you relief and remedy. The criminal appeal in CRIMINAL APPEAL NO. 1277 OF 2014 before supreme court in the matter between arnesh kumar vs. state of Bihar/police, the apexcourt has observed as thus: The fact that Section 498-A is a cognizable and non-bailable offence has lent it a dubious place of pride amongst the provisions that are used as weapons rather than shield by disgruntled wives. The simplest way to harass is to get the husband and his relatives arrested under this provision. In a quite number of cases, bed-ridden grand-fathers and grand-mothers of the husbands, their sisters living abroad for decades are arrested. The apex court has come down heavily on this subject. You may have a copy of this judgement which will come to your help in tackling this issue.
1 Like

Rajiv kumar (abc)     05 October 2014

Thanks Mr. T K and  Mr. Sharma, for bringing the lights of hope. On the basis of CRIMINAL APPEAL NO. 1277 OF 2014 Arnesh kumar Vs. State of bihar. How, I can make further movements? Are you talking about quash petition 482, on the basis of this decision. 

I should elaborate little that my bro-in-law has been falsely accused with vague statement that he appeared at girl house ( a 24 hr distant city) and demanded dowry. ( while his office leave record under RTI says, he has taken no leave in the entire month).  There was already five year separation with no communication in between husband and wife. 

T. Kalaiselvan, Advocate (Advocate)     05 October 2014

You may have to challenge the case in the trial court only, because as a rule the high courts are not entertaining any quash petitions, so better contest the case on merits in the lower court itself.  You may advise your lawyer to file a petition u/s 205 Cr.P.C  before the trial court to dispense with the personal appearance of the other accused on each and every hearing before the court, this way you can bring him a relief from possible harassment due to court visits.

1 Like

Rajiv kumar (abc)     05 October 2014

That means there is no separate way to get relief at early stage except to wait till trial completes. 

Is there any separate petition which can be filed separately for bro-in-law in the Matter? which seems to be very open and shut scenario? Explanation of only one incidence in the matter, which is already written in vague way. 

T. Kalaiselvan, Advocate (Advocate)     06 October 2014

There are ways in law to get suitable remedy, by applying for quash for his case alone quoting his circumstances, his case alone can be split and taken up for speedy trial ; discharging him alone etc; but practically whatever effort you undertake to get him out of the case, you will come back to the same place because that is how our system works, instead you may follow the steps advised, however, you may consult your lawyer and decide.


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