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Balaji (Self)     01 April 2014

498a -lokadalat after 90 days-urgent urgent pls

Hi All, My wife filed 498a  DP 3 &4 ON 03.09.2013 me and I went to police station and release on regular bail. First hearing attended on 05.11.2013 in JFCM Court and second hearing given on 21.02.2014. before second hearing elders involved and made settlement. we attended second hearing  on 21.02.2014 me and my wife at JFCM Court  and told about settlement. Case has been transferred from JFCM Court to Loakadalat. (Before going to attend second hearing Court constable went to police station and removed DP 3 & 4 and kept 498a only ) me and wife from Andhra Pradesh.
 

Me and wife attended same day in Loakadalat court on 21.02.2014 and judge given last hearing on 21.05.2014 and lawyer told case closed on 21.05.2014.
 
 
1) If wife doesn’t attend on 21.05.2014 what will happen? Case will continue?
 
2) Is loakadalat court will dispose the case? Or move to the JFCM Court? Case will continue? What would be the   next procedure? Again I have to apply for bail? Please advise.
 
Thanks for quick response and time………



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 7 Replies

Evenmore (Private)     01 April 2014

If she attends the Lokadalath and agrees for mutual settlement, then she would be withdrawing the cases against you.

If she does not attend the lokadalath, you can ask the Lokadalath to give another date and send her summons to attend the next hearing.

In case she does not want to compromise, then the case with go back from lokadalath to the court from where it has come.  Court will continue with trail process.

Since the police has removed DPA 3 & 4, it is an advantage for you. Which means there is no Dowry demand or dowry given. 498A deals with cruelty only. She needs to prove cruelty if she intends to carry on with cases.


Once you get a bail, until it is cancelled, there is nothing to worry. Bail cancellation in matrimonial cases is very rare until unless there is a severe breach of conditions. Just relax.

 

 

Srinivas (.)     01 April 2014

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Balaji (Self)     01 April 2014

Hi Thanks for quick response. Charge sheet was not filed before trasfering case to lokadalat.. if wife dont attend on 21.05.2014, DP 3 & 4 again added to the chargesheet ? Please advise..Thanks for ur time...

Evenmore (Private)     02 April 2014

If the chargesheet is not yet filed, then it is difficult to predict.

Then, how do you know that DPA 3 & 4 was removed and only 498A was retained ? 

Srinivas (.)     02 April 2014

Hi ,when transferring case to lok adalat ,court constable went to police station and removed DP 3 & 4 and kept only  498a.

Srinivas (.)     02 April 2014

Hi ,when transferring case to lok adalat ,court constable went to police station and removed DP 3 & 4 and kept only  498a.

Nishant (BDE)     02 April 2014

Need Free On-call Legal Advice. Just give a missed call on 08010201301(toll free) or visit https://www.seekadvice.in/get-info.php


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