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Author Topic: To appear in court for 498 A without any court notice  (Read 787 times)

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Offline srikumar

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To appear in court for 498 A without any court notice
« on: August 22, 2017, 12:24:19 PM »

My brother is married to a girl from Lucknow 6 months back and he is working at Pune. Immediately after marriage ,he noticed that his newly married wife is mentally sick ,giving physical & mental torture to him and become unbearable to continue this relation. For last 4 months, they are separated & his wife is living at Lucknow . Now my brother came to know via some reliable resource that she has filed a case under Section 498 A,34 & Dowry prohibition Act 3,4 against him but no FIR in Police station. He has not received any court notice regarding this case. Now my questions are as this case is registered 4 months back and the first hearing date is already over 1.Should it be notified as false case? 2.   Whether he should attend the court on the second hearing date?

Offline advcaroltripathi

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Re: To appear in court for 498 A without any court notice
« Reply #1 on: October 23, 2017, 10:50:12 PM »
till you receive a summons there is nothing for u to do
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Offline Smarajit Basu

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Re: To appear in court for 498 A without any court notice
« Reply #2 on: November 03, 2017, 01:55:33 AM »
Firstly, there might not be an F.I.R as the Complainant can file a complaint case before the magistrate. Secondly, at this stage there is no option for proving the case to be false as that is a matter of investigation. And Finally coming to your 2nd question, you could send a representative to the court on the next date of hearing and see what is going on with the case and if at all the Magistrate has found materials against you to prove the offences alleged, only then he will admit the case.
Smarajit Basu
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