kunal 17 May 2015

498a doubts , help me

HI Team,

1.If she complains a complaint in a police station actually what will the further step the police will take,they will investicate and then they will file FIR or ? and will i get any notice before arrest ? so that i can get AB

2.how long it will take to get AB

3.Does speedy trail in HC will work ?

4.How long the case will go ? (3 yrs of marriage)

5.What are the chances of claiming my property ? Is it good to transfer my property on my father name ?

6.Is it so diffucuilt to fight back ?

You replies are really valuable for me please guide me

i already posted my situatin on another thread ( https://www.lawyersclubindia.com/forum/Need-advice-on-498a-120454.asp#.VVgGn_mqqko )

I guess this is the right thread to post

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3 Replies

vinay (xxxxx) 17 May 2015

CLOSER REPORT UNDER 498a , 406 etc.

Both Girl and Boy staying in USA.
• A no Fault Divorce case filed by Girl in USA on March,2012.
• A complaint filed by Girl’s father in India on October,2013 under 498a, 406,465,471,506(2) and 34 etc. on the basis of Girl’s Power of Attorney , with malicious intention to harass, with ulterior motives and extort money from Boy family.
• In spite of knowing fact that Girl has filed no fault divorce in 2012 at USA Court, Police issued summons to boy and his family in 2013.
• A.B. was obtained by boy family from Sessions Court on December,2013 .
• As per USA court ruling in October 2014, Girl has to revoke Power of Attorney given by her to her father and withdraw all the cases filed by her father on her behalf in India.
• Girl did not obliged so Contempt case filed against her in US in January2015.
• Girl and her father with connivance of Police filed ‘C'Summery Closer Report u/s 173 of Cr Pc to Magistrate court in April 2015.
• Police has filed ‘C’ ‘Summery Closer Report u/s 173 instead of ‘B’ Summery Closer Report u/s 173.
• What action now Boy is required to take to get Police file ‘B’ Summery Closer Report u/s 173.
• As the Sections are under 498a ,406 etc. has Magistrate Court has power to take matter on its hand or High Court only is required to be approached.

Laxmi Kant Joshi (Advocate ) 17 May 2015

@kunal, first police will investigate the complaint if satisfied only then they will register fir, in between if you think you are unable to prove yourself innocence then rush to the hc to obtain AB for you and other members which are accused in the fir, for speedy trial it will not work in the initial stage when your case begins and trial starts in the court only then it works it takes a lot of time, 498a cases generally takes 3-4 years or more depends upon the workload on concern court, regarding your property your wife cannot claim any share over them as she has no right, so no need to transfer them .

kunal 19 May 2015

Hi sir, thanks for the reply

one more doubt here,

if she files complains on her home town police station, that particular poplice will come and investigate or the complaint will come to my near by police station ? who will investigate ?

After complaint will police go for mediation ? if it is failed then only they will file FIR or how it is ?

Is there any doc wich tells the step by step procedure from complaint onwards ? please share if anythign is there. i am also checking the post here which is really helpfull