Kumar 02 September 2015

Accused in false 498a

Hi All,

Long Story short, My brother has bad marital relationship(love marriage , dont know when he got married also) with his wife and wanted to change the behaviour as she was muting out mental torture. Both parents has made attempts through mediation( elders, lawyers). In every mediation she threatened my brother about dragging him to court , police etc .,

The day before a police mediation happened including DSP, SI far from our home town at a family counselling center, Even that was unsuccessful and at the end of the mediation she has put a 498A on him and attached all the family , relatives, extended relatives who ever she knows on our side. Police seems like acted on behalf of them and arrested my borther immidiately a bail was posted next day(not sure what was violated in Section 41 CrPc).

All the allegations are false and she also knows it, Earlier mediations are all about money like how much he is willing to give to her to end the marraige. But as my brother dont own any thing and what father has is his acquired not inherited they were not able to extort any thing.

she has attached me as well in the case(FIR) stating that i am forcing her to give divorce to my brother and executing mental torture by phone calls/mails/message as i am in US for last 18 months and have no contact even before that(total of 3 years). she has no evidence about any of the allegations like (illicit relationship, mental torture blahhh blahh) & my pressure . I see that 498A is a non-bailable warrent and acts biased against husbands end. i dont want to get arrested in airport after landing for a visit :)

As per the lawyer's FIR/chargesheet will take atleast 3 months to move to court,

Can i have a seperate council to proceed further even before that to remove my name from FIR/Chargesheet as these allegations are false ?
What are the evidence that i need to provide to the court about the same ?
Can i ask counter party to submit the evidence/exhibit for examination ?

I wanted to remove my name from this so that legal battle will be 1-1 rather than the whole family

Please advice on next steps

If the case is quashed against my name and it is succesfull, Can i file a Civil / Criminal defamation case against other party ?
What about preventive injunction so that those guys should never come near our home as the main motive seems to be extorting money ?

Thanks,

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4 Replies

T. Kalaiselvan, Advocate (Advocate) 09 September 2015

Can i have a seperate council to proceed further even before that to remove my name from FIR/Chargesheet as these allegations are false ?

Yes, you can engage your own counsel to take care of your case alone but removing your name from FIR is not the job of any counsel.

What are the evidence that i need to provide to the court about the same ?

You can think about it during trial of the case.

Can i ask counter party to submit the evidence/exhibit for examination ?

During cross examination you can very well put this question to the opposite party.

If the case is quashed against my name and it is successful, Can i file a Civil / Criminal defamation case against other party ?

Filing a case against you will not cause defamation but cause mental torture hence you can file a petition for taking action against malicious prosecution

What about preventive injunction so that those guys should never come near your home as the main motive seems to be extorting money ?

There is no preventive injunction, you can take the help of police when they come to your home again.

Kumar 09 September 2015

Thanks for the response, Seems like have to wait for the case to go on trial once charge sheet is filed. Sadly police has 90 days to submit it :(

Kumar 01 July 2016

After 9 months, Police has finally sent the case to Court acquitting all other family members stating the allegations are false. except father , mother and husband.

Now wife moved family court for maintainance, 498a case was not in trial yet. But family court has asked to be summoned.

How to drag the family court procceedings and can permanent represenation to lawyer be done in family court cases as well ?

Can i make a malicious prosecution case again as police removed my name from the charge sheet.

Kumar 02 July 2016

Apologies was not clear, yes my brother was summoned So no case can be made out against SIL for making the family roam around police station and mental torture that happened all these time