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Author Topic: False 498a under trial - Need inputs  (Read 6698 times)

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Offline aapr79

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False 498a under trial - Need inputs
« on: December 08, 2013, 09:27:24 PM »
Dear All,

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 !!

Offline advabdul

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Re: False 498a under trial - Need inputs
« Reply #1 on: December 09, 2013, 07:21:11 PM »
498a filed after a divorce petition will not hold good because it can be proved that the wife file it only as a last resort as Divorce has been filed.

your lawyer can use this to your advantage.

in the next hearing ask for mediation and try to solve it amicably if it works out fine else let us know the outcome
Advocate Abdul
I am Muslim law Advisor

Offline aapr79

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Re: False 498a under trial - Need inputs
« Reply #2 on: December 10, 2013, 01:36:40 AM »
Hi,
Thank you very much for your kind response. We are indeed relieved a bit after reading your response.

Could you please give me little more details on the following:

1. As I mentioned in my earlier note, my brother-in-law's lawyer has advised to get an affidavit/form filled and signed by the Indian Embassy here and file it at the court during the next trial/hearing, to get myself and my wife exempted from attending in person for the trials. We couldn't find much details on this form/affidavit requirement. Could you please share more info on this?

2. The charge sheet has been filed now. But, the lawyer has stated that as long as we provide this form/affidavit before the next trial date, we don't have to come to India for any trials. Can you please confirm this? Basically, I wanted to know whether there is any legal mandate to go and collect the charge sheet in person. We are getting worried because, we are not getting to discuss our concerns with the lawyer directly and we are getting everything answered only through my brother-in-law.

3. We are also applying for Quash for all wrongly accused family members. Considering that this is a framed case, and obviously 498a has been filed after the divorce was filed, is it possible to let me know how sure we can be of winning the Quash petition?

Thanks again for your valuable inputs.

 

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