498a Fighter (u) 22 September 2010

court summon - no record 498a

Dear Sir,

We are a 498a fighter family. Wife of my brother is trying very hard to register a false case against all us family members since May 10 but she is unable to convince the police and failed to produce any evidence against her allegation. We have met the DGP who instructed SSP to treat the case only on merits. Police hasn’t made the report yet (since August 13 when all family members’ statement and evidence was recorded). How can we push the police to conclude the case?

Moreover we have now received a hand written summon with court/judge name , reader sign & stamp via register post without any petition from Mohali court for appearance in Oct. Our lawyer checked the entire court record but could not find any related entries on various registers. The steno & reader of judge also admit summon is signed by them but equally tense as no record has been traced till date.

Summon reads as Civil Judge (Sr) division but we feel it would be for a criminal court as the wife of brother would only file 498a or related case not a civil.

Pls suggest that now what do we do? Should we appear on the date or ask lawyer to go with summon/ vakalatnama on the date.

If we go does we need to take the bail as we received summon from the court? Pls advice

PLS PLS ADVICE THE RIGHT WAY TO APPROACH THIS, ESPECIALLY ON BAIL PART, MY LAWYER SAYS THAT ANYONE WHO IS CALLED BY CRIMINAL COURT WILL NEED TO SEEK BAIL AFTER SERVICING OF PETITIONS. IS THIS TRUE?

Thanks a lot

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6 Replies

Adv Archana Deshmukh (Practicing Advocate) 22 September 2010

If the summons is issued by the court of civil judge senior division, it is the summons of a civil suit/ petition and can never be a criminal case. A civil judge senior division can try only civil cases and not criminal cases. Appear in the court on the given date along with your lawyer.

Adv Archana Deshmukh (Practicing Advocate) 22 September 2010

No need to go for bail in this matter, it is a civil case.

498a Fighter (u) 22 September 2010

Thanks Madam for your advice but why the wife of my brother would file a civil case against all us family members including married sisters residing in multiple addresses. Summon heading reads as add. civil judge civil division but we are confuse as if a divorcee case or maintenance case being filed then it would not have the name of all family members. Pls advice

Adv Archana Deshmukh (Practicing Advocate) 22 September 2010

498a fighter, you see the summons properly, the type of case is written on the summons itself i.e. HMP No.....or special civil suit no...... from that you can get a bit idea. You say that she has made your sisters also a party, so one thing is possible that if your brother has any child, then she might have filed a partition suit in respect of any ancestral property on behalf of the child to secure his/her interest and so made all the sharers a party. I am just talking about possibility........The actual fact can be known only when you / your lawyer go to the court on that day. But be sure, there can be no criminal case of s.498a in the court of civil judge senior division... :)

498a Fighter (u) 22 September 2010

Dear Archana Ji,

Thank you indeed for your reply. Yes my brother has a child which is 1yrs old and is with his wife in Mohali. The summon name as my brother name Vs His wife name and we all family members are being made party on summon.

Can she claim a part on the properties own by my father and mother? My brother has not visited us for 5 yrs and had been in UK, his wife was also there for many years but due to differences not going back. Pls advice what precautions we should take to avoid this? If my mother/father does not want to give anything to the girl or child, can law force them?

Many thanks

vijay sahni (LAW PROFESSIONAL ) 02 October 2010

Considering the demerits & misuse of Sec 498A, The government has tabled for final decision the recommendation & amendments there off. Hence it is expected that the family members will be at a better off position, than it was in the past.