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joepeter19   24 July 2016

Reply to notice of 498a

Dear Members, my wife recently filed a 498a against me and my family. My father took the notice from the police station and we are supposed to reply to it. We went to three different lawyers and paid them money to write a reply and all of them wrote horrible replies which implicates us even more than alleged. I kindly request that if you have any document which guidelines us to write a reply or atleast cross verify the reply wrote by the lawyer. Also i can know what kind of language and tone to use in the reply document. I know i could go find another lawyer, which we are doing but in the mean time we want to educate ourselves as well. Thank you very much for the help.



 7 Replies

Vibha   24 July 2016

  1. Retain a lawyer to represent you in this matter start to finish. 498a complaints are usually accompanied by DV/CrPC 125 and HMA 24 suits. You need a consistent response to all these cases along with counter attacks from your side. Paying a lawyer just for one reply is bad strategy.
  2. Opt for a lawyer who has lots of experience in such cases. Lawyers fees will vary depending on their experience and standing in the bar. These standings really matter as proceedings move forward. Lawyers who have a long track record and solid reputation are better able to represent your case in best possible light and also command respect inside the courtroom. 
  3. Once you identify a lawyer and develop a good rapport, work out a compensation arrangement that makes sense for both sides then discuss your strategy for the entire dispute. What is it that you want and what are situations you don't want. Do you want reconciliation or not. Are you willing and able to face long trial or are you willing and able to pay a big settlement to save time. What are the facts, what pieces of evidence you have or can collect, which witnesses can help you etc. 
  4. Based on all these lawyer can help create a strategy and draft a suitable reply based on the strategy. Lawyers can only create a good first template with proper legal references. You have to read the draft carefully ask lots of questions, suggest edits and raise all points that you want to raise. Lawyer can advise on what aspects to bring up at what stage of case and why it may be helpful. 
  5. Reply to police serves multiple purpose. First purpose is to deny the allegations that implicate you. Second is to show the vexatious nature of complaint by presenting an alternate version of events, possible omissions, contradictions and connecting them to a malafide motive of complainant. In some cases it makes sense to be very brief at police investigation stage, not giving too much detail in reply so that your cards are not shown to prosecution at early stage. In other cases it is better to expose blatant lies in complaint with strong evidence and details. Also you can suggest investigative steps to police like pulling phone records or getting neighbors statements in your reply. This creates a record and puts the burden on police to do a proper investigation. If police fail to follow the investigative steps you can use this record to later debunk prosecution story during cross examination stage of trial.
  6. Hope this was helpful.

joepeter19   24 July 2016

Thank you for your input. should the reply be from the accused directly or from the Lawyer denying the allegations of his client (the accused). All these should have been answered by the lawyer but unfortunately it is hard to find good lawyer whoc an answer all the questions.

 

Thank you.

Vibha   24 July 2016

Reply can be prepared by lawyer on behalf of accused. Finding good lawyer is not easy in India. The ones who are good also tend to be very busy and expensive. You have to learn some aspects of law on your own and work together with the best lawyer you can afford. Most matrimonial cases reach some type of settlement in the long run. Patience and cool head pay off more than any other factor in this type of battle.
1 Like

P. Venu (Advocate)     24 July 2016

There is no question of serving a Notice or furnishing any reply thereto in a crmincal case. If a FIR is filed or complaint is lodged, it is for the police to investigate and the compalainant (de facto or dejure) to establish the charges beyond resonable doubt. The accused is presumed innocent until proved other wise.

Anyhow, what are the contents of the alleged Notice?

1 Like

joepeter19   25 July 2016

Thank you all for the replies.

My wife alleged that we took dowry during wedding and demanded more dowry . Also claimed she was physically and mentally abused ( Left out all the specifics of abuse). She just alleged me and my sister have not given her food. My sister lives 700 km apart. She left me and went to india after one year in to our marriage. Since my father is in india, they targeted him with dowry and myself as (A1) for harassing physically and mentally.

 

 

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