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nishat (none)     12 March 2013

498a case ;clarification regarding bail

 

Dear All,

 

My brother is a disabled (short heighted 4'6" and very thin).So, my parents selected a very poor girl for him (in 2007 and till date not taken even Rs. 100 from her side).

After one year in 2008, she went to her parents but we still invited her and family in all functions (many marriages and other function ) and they attended all the functions. In 2009 they filed for mutual divorce but court asked the girl to go to our house and they both took the case back and started living in our house.

   In Aug 2012 she went to her parents in early morning and we immediately informed the local police station about it ,and they called her and she replied that she is with her parents. After 4 day we filed RCR (restitution of conjugal right) in local court.

After two month she filed complaint petition 498A( in court but no FIR) with argument that her parents taken her in Aug 2012 in half dead condition and so she was not able to file complaint .She submitted a medical certificate with home treatment for two months ( swelling in body etc no hospital admission).

Now court is inquiring the case and recently issued the summon to us, my queries?-

1.     If we go to court on all dates to prove everything wrong, can court still arrest us before completion of trial?

 

2.     In her complaint petition she blamed that in 2009 , we forced her for divorce.

      Truth is in first appearance itself court ask her to go home and after that there were 4-5 dates and none of them( husband or wife) attended the court. On last date of the court both said they wanted to live together and since the day court sent her to our home they were living happily .

So, can we file any complaint in court  related to above allegation?

         3   Should we move to high court for quashing or try to win case in lower court itself (as we are 100%            

              innocent)

Please clarify?

 



Learning

 2 Replies

498A_Victim (service)     12 March 2013

Hi, very sad to know about this, I also have been framed in 498A by my in-laws, first they will call for mediation where they will seek for mutual agreement by parties, later on the matter will move to court...

Manish Udar (www.Mehnat.IN)     12 March 2013

Your RCR was an invitation for the 498a.

False 498a Complaint

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