husband family also to be convicted in 498a cases?


My entire family is dragged in false 498a case followed by domestic violence. what I want to confirm is. my wife dragged names of my family mother father younger brother in her complaint and fir will nearly loughed sooner. I read somewhere that husbands family will not be disturbed at all in such cases but my advocate says all 4 members of family will have to take anticipatory bail individually is he right ?? or only husband should apply for bail plz answer considering the fact that in her complaint my entire family name has been given
 
Reply   
 

everything depends gravity of allegations in FIR
 
Reply   
 


N.A

Originally posted by : Sugar Daddy
My entire family is dragged in false 498a case followed by domestic violence. what I want to confirm is. my wife dragged names of my family mother father younger brother in her complaint and fir will nearly loughed sooner. I read somewhere that husbands family will not be disturbed at all in such cases but my advocate says all 4 members of family will have to take anticipatory bail individually is he right ?? or only husband should apply for bail plz answer considering the fact that in her complaint my entire family name has been given

 

All the accused should file for anticipatory bail. 

 
Reply   
 

thank you sir
 
Reply   
 
Advocate

your advocate is correct. if all the stated persons are named in complaint lodged by wife then strategically all persons should obtain anticipatory bail. Donot depend on hearsay.
 
Reply   
 
FIN

Your counsel may be right.Since he would LOCAL precedences.

If you are concerned of expenses on anticipatory bail and want to have 2nd opinion;

 

After checking  with your own LOCAL counsel obtain 2nd,3rd opinion from a very able another LOCAL counsel.

If the opinion is to have annticipatory bail, then why to roam around and go for IT ASAP.

Apply your resources and find out what are SoP/Guidelines to police/women cell in your state.

They may…..may….may prefer mediation to sort out the matter.

If you can, try to fetch support/relief from ACP/SP/ Commissioner of police.

Collect irrefutable evidences/unshakable witnesses in your favor and try to get clean chit in inquiry and to get acquitted from court, if the need be.

 
Reply   
 
FIN

 

To be propelry informed and pick up relevant points and to prpeare well, GO  thru;

Frequently Asked Questions

498a[dot]org

 

The Supreme Court has held that a casual reference to the names of family members of the husband in the FIR filed by the wife without any allegation of their active involvement in the offence will not justify a case against them.

Supreme Court of India

Geeta Mehrotra & Anr vs State Of U.P. & Anr on 17 October, 2012

Author: G S Misra

Bench: T.S. Thakur, Gyan Sudha Misra

                                                                             REPORTABLE

 

 

                        IN THE SUPREME COURT OF INDIA

                       CRIMINAL APPELLATE JURISDICTION

 

                CRIMINAL APPEAL NO.    1674          OF 2012

                 (Arising out of SLP (Crl.) No. 10547/2010)

 

But little matrimonial skirmishes suddenly erupt which often assume serious proportions resulting in heinous crimes in which elders of the family are also involved with the result that those who  could have counselled and brought about rapprochement are rendered helpless on their  being arrayed as accused in the criminal case. There are many reasons which need not be mentioned here for not encouraging matrimonial litigation so that the parties may ponder over their defaults and terminate the disputes amicably by mutual agreement instead of fighting it out in a court of law where it takes years and years to conclude and in that process the parties lose their “young” days in chasing their cases in different courts.

 

Supreme Court of India

G.V. Rao vs L.H.V. Prasad & Ors on 6 March, 2000

Bench: D.P.Wadha, S.S.Ahmad

           PETITIONER:

G.V.  RAO

 

                Vs.

 

RESPONDENT:

L.H.V.    PRASAD & ORS.

 

DATE OF JUDGMENT:     06/03/2000

 

BENCH:

D.P.Wadha, S.S.Ahmad

 

Moreover, there are no specific and credible allegations with necessary particulars, against them. Only omnibus allegations shorn of even basic details, have been leveled; therefore, in the opinion of this Court, they should not be made to undergo the rigmarole of a criminal trial.

 

 

 

 

Madhya Pradesh High Court

Shrikant Tamrakar vs The State Of Madhya Pradesh on 10 December, 2015

                           MCRC-2112-2015

             (SHRIKANT TAMRAKAR Vs THE STATE OF MADHYA PRADESH)

 

 

10-12-2015

 HIGH COURT OF MADHYA PRADESH : AT JABALPUR

         Miscellaneous Criminal Case No.2112/2015

                          Shrikant Tamrakar and others

                                               Vs.

                   State of Madhya Pradesh and another

 
Reply   
 
FIN

 

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife)  etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Family/Civil  suit   matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.

Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists. Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.

 Such IT’s and entities keep on poping up at online portals with fake and new ID’s after  their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Family/Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Family/Civil  matters.

Your counsels  may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

There have many instances of such entities operating with multiple fake Id’s at online portals.

 

 

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.

 

However; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.

Preferably Obtain proper legal opinion in writing.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu