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Struggling Sister (Housewife)     19 November 2012

Help in false 498a case

Hi! 498a is lodged a complaint in CAW Cell against family members including my brother who is in US. The girl came back from US when she was caught with another boy. She has named me, my husband and my other sister in the FIR. She is also saying that the jewellary is with us.

The truth is that my brother is married for 8 years and the girl has had three miscarriages, which she blames on my brother. My parents had expired and there is no MIL/ FIL in this case. No dowry was demanded. I, my husband and my sister never went to US. My brother also comes once in two years, however girl comes every year to India. We have never demanded dowry.

What shall we do? The lawyer is advising that we should apply for AB, but no FIR is filed.

Please help us.

Also, my brother should come back or not.

Thanking you all.



Learning

 7 Replies

varadg (nil)     19 November 2012

NO fir lodged-- no need to worry.

go for AB.

He should never come to India. He will be very safe ther. chk the content of FIR if lodged, and then go for quash. Dont wait for chargesheet.. dont belv cops...the system is corrupt. 

He should never come to India.

VG

Struggling Sister (Housewife)     19 November 2012

Thanks for the reply, but the CAW cell is pressurizing him to come to India or they would get something like LCO issued against him and RCN too. 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 November 2012

It is LoC and not LCO, Don't be unduly worried about it. If your brother doesnot want to come to India, no one can force him to come to it.

 

 

 

Regards,

 

Shonee Kapoor

1 Like

Struggling Sister (Housewife)     21 November 2012

Thanks Shonee Ji,

 

Can you clarify, whether he should come or not? We think that if he comes, there can be a settlement. But people say that he can be stuck in India, if he comes.

 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     21 November 2012

This is always a tricky thing.

 

However, as the process at CAW cell is long in Delhi, I have suggested people to come and attend the mediation. By the same the conduct is proven right and the person can get AB w/o any conditions.

 

Also, courts have given limited AB w/o travel restrictions, if the person is willing to attend the mediation.

 

 

 

Regards,

 

Shonee Kapoor

1 Like

Sudhir Kumar, Advocate (Advocate)     22 November 2012

if accused he can be compelled to come to india

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     23 November 2012

Honestly, I have not seen even a single case where the accused was compelled to come to India by Police.

 

However, accused are compelled because of circumstances made to the family members.

 

 

 

Regards,

 

Shonee Kapoor

www.facebook.com/shoneekapoor 

Handphone: +91-8010850498

Email: harassed.by.498a@gmail.com

 

Yahoogroups: https://groups.yahoo.com/group/sahodar


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