DharmeshShah (Self Employed) 03 November 2012

Pl.advice:right time to file countercase agnts fals dv/498

Dear Experts,

Thank you for your guidence so far.

I want to know what is the right time to file counter charges against false DV and 498a case filed by fraud SIL& family.

Case Status: 1. Bail application already made in H.Crt, 2. FIR registered on 1st Oct., false carges of DV and dowry demand( in 2011 when we went to take her back) etc. 3.Bail decision/hearing to come in next 10 days.

(SIL are very influencial people with influential connections in KOL.FIR registered in KOL.we live in MUM. Crime place as mentioned in FIR in Mumbai. but they have registered the crime (FIR) in KOL using their local presence and influential connections.)

We had been forgiving them since long but they are hell bent to harm my elder brother,widowed mom and myself though i was married many months before my brother's marriage.

Please provide legal opinion to proceed ahead and what would be the right time to start counter attack ?

Regards,

Payal.

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5 Replies

Tajobsindia (Senior Partner ) 03 November 2012

1. Not sufficient brief to suggest timing or strategy.
2. However as solace re-think after Bail.
3. BTW, as you say, if you were not present or resided in elder brother’s home at time of his marriage then inclusion of your name should be removed by filing ‘discharge’ application. Case laws do exist to your marital facts.