Unfortunately my own mother has filed a false 498a case against me and rest of my family members becoz I didn't support her in framing my father. The case is currently pending. Will this be an obstacle. Plz guide me
Laxmi Kant Joshi (Advocate ) 16 November 2023
Have you got 41A notice in said 498A case , if not then collect the proof of your innocence and let the notice come convince the police and get yourself out from the charge .
T. Kalaiselvan, Advocate (Advocate) 16 November 2023
If the police has registered FIR by impleading you as one of the accused, then it becomes your duty to obtain anticipatory bail and then challenge the false allegations leveled against you during trial proceedings, or if you have substantial proofs/documentary evidences to prove your innocence, then you may file a petition under section 482 cr.p.c. before high court to quash the charge sheet / FIR
Asmatullah (Others) 16 November 2023
Yes ..I have got anticipatory bail and trial is proceeding in lower court. Will this be a problem for my job?
T. Kalaiselvan, Advocate (Advocate) 17 November 2023
If the court finds you guilty of the charges leveled against you and being cionvicted by court then it will be a problemsome issue to your employment.
Till then you can continue your job
Dr. J C Vashista (Advocate and Legal Consultant) 17 November 2023
FIR Case U/S 498A IPC is not maintainable against son, move to High Court through your lawyer for quashing of subject FIR.
Whatsoever, if the case is registered only u/s 498A IPC, it would not affect your job.
Laxmi Kant Joshi (Advocate ) 17 November 2023
Mere charges and fir didn't effect on your job , but if you will convicted from the court only then it effect on your job .
Sudhir Kumar, Advocate (Advocate) 17 November 2023
not able to agree.
Mere registeration of FIR is obstancle in joining.
P. Venu (Advocate) 17 November 2023
"Unfortunately my own mother has filed a false 498a case against me and rest of my family members becoz I didn't support her in framing my father"!?
The posting is less than convincing.
Sudhir Kumar, Advocate (Advocate) 19 November 2023
Originally posted by : P. Venu
"Unfortunately my own mother has filed a false 498a case against me and rest of my family members becoz I didn't support her in framing my father"!?The posting is less than convincing.
facts are at times stranger than fictions
P. Venu (Advocate) 20 November 2023
Section 498A. Husband or relative of husband of a woman subjecting her to cruelty.
Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
Explanation.—For the purposes of this section, "cruelty means"—
(a) anywilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.
The provisions of Section 498A can be invoked against the husband or relatives of the husband. In order to be covered under Section 498-A IPC one has to be a “relative” of the husband by blood, marriage or adoption. It is my considered view that the son of the woman could be the "relative of the husband". Of course, the situation could be different, it it is the step-son.