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bolo (NA)     13 November 2009

Need help in 498a case

My brother was staying with my parents after his marriage. My sister-in-law did not prefer joint family and wanted to go out seperately for which my brother refused. He was to take care of my parents as they were suffering from severe health problems and i was staying abroad. My sister-in-law did not understand the situation and went to her parents house. She never turned up even after calling her a number of times. Now it is almost an year and last month my brother filed a divorce case.

After my brother filing a divorce case, my sister in law filed a dowry complain on all my family members.  So we applied for an Anticipatory bail and the court gave an order that this case will be taken up after the divorce case counseling.

Mean while for the divorce case counseling date came, and both were enquired. In the counseling my sister-in-law told that she filed a false complain and informed that she did not do anything, only police wrote the false complain and she just signed (which is false. she just wanted to put the blame on some one). so the counsel asked my sister-in-law to withdraw the case and come for next counseling, but my sister-in-law filed another complain in the high court against the counseling members stating that the counsel members threatened her.

Now i would like to know what would happen in the next counseling? Also for the anticipatory please let me know what will happen?
 



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 2 Replies

Kiran Kumar (Lawyer)     13 November 2009

no doubt your sister in law has got you people in an awkward situation.

 

now the court will try to enquire into the allegations, in fact we are not aware what are the contents of FIR/ Complaint which was allegedly moved by your sister in law.

 

the best sollution in such kind of situations is mutual talks...try to involve few more relatives and friends with sound mind, who can bring the things to a logical end.

 

even while before court try to assert the positive sollution....allegations and counter allegations will rather worsen the situation.....neither she is going to be benefited nor your brother is going to get anything out of long court proceedings.

 

no doubt most part of the law is pro-women but the Hon'ble Courts do go into the veracity of the allegations imposed....so in order to give you a concrete and technical advice, perusal of the record is necessary, so pls contact your local lawyer with complete documents.

 

otherwise the best sollution is amicable settlement...if the things can be corrected with a little adjustment then let it happen....there shall not be any clash of egos between both the parties.

bolo (NA)     13 November 2009

Thanks for the reply..

My sister-in-law family are demanding money that we cannot afford (we are a middle class family) .

please tell me whether the court will consider the council report and what will happen  to the anticipatory bail that we have applied?

 


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