My brother-in-law was going through a bad marriage and finally decided to go for a divorce. As per the procedure, he took legal help and officially filled the divorce last year. But, within few days, his wife filed a false 498a case against him. Unfortunately, she named several other family members also in the complaint. Thus, apart from my brother-in-law, other innocent people such as me, my wife, my father, my brother-in-law's mother, uncle, aunt, every body has been accused in this 498a.
I couldn't even imagine how could her family go about filing the case against everybody else just to prove their point. Fortunately, my brother-in-law was able to get anticipatory bail for all of us. Thus, we were saved from getting arrested.
I'm working abroad and thus out of India along with my family (with my wife & my 5 year old son). It's a mental torture for all of us, since we are highly worried about the ongoing trial and how it would affect my employment abroad. The trial started last week. Since we are staying abroad, my brother-in-law submitted our passport copies along with the entry/exit dates to the court to get us exempted from the trials. Without much happening, the first trial gotten over and the second trial has been scheduled after few weeks.
With no mistakes on our side, I'm not quite sure on whether I should sit quiet and let my brother-in-law deal with this issue at India. Now, he is requesting me to fill a form and get it signed by the Indian Embassy here, which can be used as an additional proof to get me and my wife exempted from attending the trials in person. I know he is taking advice from his lawyer. But, I'm still worried about going through this mental torture everyday.
I have a respectable job and got a family to take care of. While I strongly believe that the truth will come out soon, I'm worired about going in person for the trials since it would greatly impact my work schedule here and my son's health and education. It's also a very costly affair to travel to India for every trial. My brother-in-law is quite confident that getting this signed form from the Embassy is sufficient to get me and my wife exempted from the trials. Could you please confirm and let me know more on this form? I haven't received much information from my brother-in-law yet.
One more request.. I'm still not able to digest the fact that I have been accused in a false 498a case. I would her seen her in my entire life, may be 3 or 4 times. And, I don't even remember her famly members' name. But, how conveniently they go ahead with toying with other personal lives? As far as myself is concerned, I and my wife need not go through this and we don't really reserve this. I really would like to file counter cases, if possible, against my brother-in-law's wife and her family for wrongly accusing us in this case. Could you please let me know if there are any such options available? If so, can I file these cases from here, through a lawyer appointed at India?
Thank you very much for all your help !!