Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Nagendra Prasad S (Advocate)     10 October 2017

False 498 - sister and bro in law in us

Hello Experts my wife had filed false 498 case on me and my family, got married in 2011. She we leaving separately in my own house from 2013 which I bought in 2013 till now, my parents are leaving separately. also my sister is leaving in US since 2012 and another sister leaving separately. marriage is not well since day one. Every day its hectic leaving as we do not have mutual understanding. she had put false complaint in 2015 Jan, Me , Parents and sister got bail - but another sis & bro leaving in US not able to get the Bail - Can you suggest me what can I do for my sis and bro staying in US for bail - Local police are harassing saying warrant has been issued for both of them for arrest. she has only prove that when ever there is fight she has recorded. this is only prove she has. Now I have leaving with my parents and she is still leaving in my house. False dowry is like 1 KG gold , 8 KG silver, 50 lake cash all these are included in 498 which is false.


 3 Replies

Vijay Raj Mahajan (Advocate)     10 October 2017

Let a quashing petition by and on behalf of your sister and brother living in USA be filled in the High Court of your state. The relatives who were never living with the wife and were living since long back in USA shouldn't be made party in FIR that totally based on matrimonial issues relating to husband and wife living in India. Definitely the charges against your sister and brother in the FIR will be set aside by the High Court and harassment by Police will stop.

manoj   10 October 2017

File a petition before consent High Court to quash charges against your sister and brother and at the same time file a quash petition and include other family members which is shown as accused in 498a case. Even if you are living in America and if your wife is harassed by you she has a right to file 498a case when she came to India. Whether you are living in India or America is not the issue but Law will see the harassment is made by you against your wife. Even through phone call also your family members may threatened your wife. That is the reason the police officer made your family members as accused in this 498a case. But ultimately all this type of cases is resulting in favor of accused. So don’t worry about this as already some of your family members were remanded and reputation of your family had lost I hope. Even stand on our own legs and try to come out of this type of issue by planning to defeat the case of your wife.





Anamika Vichare (Practising Lawyer)     11 October 2017

You can file quashing petition, but it is almost of of no use.   But so far your sister n brotherin law s conerned let them not come heere right now

But I wonder how come arrest warrant issued is there s.406 involved and is there any claim that your sister has your wife's gold in possession.

you other sister residing in India let her attend the court

or further query for 10 mnts on 0091-7506 55 2608 / 9920764088

or Facebook a/c Anamika Vichare

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Related Threads