Rene (cba) 27 March 2011

498a investigation

my wife had filed a false 498a case in 2008 from her hometown in gujarat , we got married in mumbai. i stay out of india

as per advise from lawyer , we filed petition in HC on jurisdiction point , stating that case should be in mumbai.

after 10 months in 2009 end the highcourt verdict was that the case can be filed in girls home town , however investigation officer should look into the case.

After that i have not got any other summon or notice,i got a call from the embassy to verify my address in 2010 and nothing after that

can any one explian the process of investigation officer ? and how does investigation happen

In the 498a case there was no fir as far as i am aware of

Should i file rta or file for dismissal of case as 2 yrs got over ??or any other advice ??

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2 Replies

Feroz A. Shaikh (ADVOCATE) 27 March 2011

As is mentioned by you, that FIR was lodged in Gujarat. In case if it was lodged then please verify and get the copy of FIR from the police station, nearest to you residence in Gujarat.

As per the other part of summons: it may be received once the chargesheet has been filed. You will have to attend the court thereafter.

But, in your case the matter is pending from 2008, so there is brighter possibility that FIR must not have been filed, as post registration of FIR, it becomes mandatory to attend the Hon'ble Court on dates given by it. In case of non-attendance, a warrant is issued and you would have been arrested and produced in Court.

Also, you should have enquired from the embassy as to what for the verification is ?

Thanks,

Adv. Feroz Shaikh.

Rene (cba) 27 March 2011

As far as i am aware there is no fir filed , i did ask the embassy the reason for the call , all they said that i will get some letter . it been 8 months since the call.

Is there anyway that fir would have been filed and the opposite lawyer can influence the lower levels in court and makes sure that i dont get the summons to get me arrested once i come to india ?