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Kumar...... (occupation )     03 February 2014

Pending appeal against 498a

In year 2012 August i and my family were acquitted from 498a, since the case filed by the lady was false. later after 5 months, in the month of Dec-2012 they filed for appeal and since then the opposite party has not attended the case and there has been no progress. My question is for how many days(years) can the judge wait for the complainant to appear ? it has been more than 1 year the case in lingering in the court. what is the way to get out of this mess.? can we appeal in the HC to dismiss the case ?? whenever we ask our advocate to work on this case he says " trust me i will look into this ". can i travel abroad since appeal is pending in the court please advice 


 13 Replies

Dr J C Vashista (Advocate)     04 February 2014

Contest the case patiently, the appeal is set to be dismissed (I am sure),

Then move to the Court for malacisous prosecution (civil and/or criminal) and teach a lesson. 

498_final stage (Professional)     04 February 2014

Dear Dr Vashishta,

If I understand you correctly you are saying that Mr Kumar should file a counter case. I have similar case where I even have proofs of filing these false cases. Whatever is done to me and my family was well thought out. This even led to death of my father.


Because our lawyers advice us for a settlement every time and say that even you file defamation and criminal case, nothing is going to happen against them because she is a woman.

Do you think filing counter case would really punish the real culprit?

Kindly advice.

Kumar...... (occupation )     04 February 2014

am in the same situation, only u spoke out. we were persuaded by our advocate to go for a compromise, i thought, why the hell should i compromise for a false case and after being jailed ?? my only question is if i have to travel outside india will it become a problem for getting a passport ?? and can i appeal in the high court for dismissal of her appeal ??

Kumar...... (occupation )     04 February 2014

can anybody reply ??

Dr J C Vashista (Advocate)     05 February 2014

Dear 498A-Fighter,

I repeat not to scumb to false cases,-contest them vigoriously with full faith in law. However, the case and legal prepostions has to be presented tactfully and sincerely before all (any/either lower or higher) Court.  


In order to end litigation, harasment, tension, and uneconomical for the parties the lawyers advice for a settlement and say that even when you file defamation and criminal case, nothing is going to happen against them because she is a woman, as I feel..

Yes I am sure (my personal opinion) filing counter case would punish the culprit

Dr J C Vashista (Advocate)     05 February 2014

Mr. Kumar, Please see my above opinion,

498_final stage (Professional)     05 February 2014

Dear Dr Vashishta,

I appreciate your clear view and advice on this. I am speaking the truth and have evidences as well. I want to fight for justice. I know it sounds foolish because it will only be a consumption of my time.

Dr J C Vashista (Advocate)     05 February 2014

Satyamev Jayate

Best wishes and regards

T. Kalaiselvan, Advocate (Advocate)     05 February 2014

Pending appeal in 498a case has not barred you from traveling abroad, let the case go on, your lawyer is there to take care of the case, if you do not have faith in your lawyer, better change him.

@498a fighter, dr. Vashista was right in opining that once you win th appeal, you can initiate appropriate legal proceedings against her for malacious prosecution.  The chances to win are brighter.

498_final stage (Professional)     05 February 2014

Thanks for the advice experts. I appreciate it. But I have heard that even in defamation and conspiracy the girls are not punished. AT max court ask them to pay a fine of some thousand rupees. Is that what we get after fighting for justice for years. A woman has demolished my entire life including death of my father.

In my case, the girl threatened me for everything she did. I have the audio recordings of that. Before filing 498a she wrote to me the emails saying that she want a divorce from me and she has told this to her mother as well. Despite all this they filed false 498a, DV and now when nothing worked they are running away and recently filed divorce.

I want them to be sent to jail thats it.

Dr J C Vashista (Advocate)     06 February 2014

Der 498-A Fighter,

I have all the sympathy with you for the harassment done by your better-half (where she was on the wrong footing-and you have all the evidences available to prove).

it is absolutlly wrong proposition (as I feel) that "even in defamation and conspiracy the girls are not punished, At max court ask them to pay a fine of some thousand rupees". You will agree the quantum of punishment depends upon number of factors e.g. the presentation of the case/ circumstances, previous history of convict, his/her liabilities etc. etc. Even one slap, standing till rising of Court, fine of Re. 1/- (after conviction) is also a punishment. However, if dissatisfied with the punishment, you have the right to appeal.

Sreenivas V (S/W)     05 July 2014

I totally agree with Vashista. I think here when you file defamation cases against the culprits it is not the money how much we get from them, more importantly when court asked the other party to pay you fine that itself a moral defeat for them and in the society that they have commited a crime. In this circumstances I will take this in that way.

In this case more than money you lost a vluable time of your life, mental agony and harresment. How much money other party gives still it will not satify you or any one.

I also won 498A 2 years back and they went for appeal. So far we did not get notices to appear. Surprisingly last week only they paid some fee it seems, so it seems now we will be served the notices.

Is this valid that they pay fee now for fighting the case

498_final stage (Professional)     06 July 2014

Thanks. I appreciate your response on this. Thanks for all the support.

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