RSH (NA) 18 February 2010

Cam I save myself?

Hi Experts!

Please help me to understand how I can save myself from my younger brother's wife as I sense she & her parents might file False dowry and DV case against us.

Here is my position:

I live separately from my family (Parents, Brother and his family) for last 7 years.

I don't interfere in their family disputes. Though I attended my brother's marriage 4 yrs back.

My parents' / Brother's position:

Brother's wife is at her parents' home for last 10 days. Her father came took her because of regular tiff between the couple.

Brother is missing from office for last 7 days.

As I said that they are showing false 498a case against us, how can I save my self and my wife from all this mess as we live separately.

Kindly Help Me!

Best

RSH

Reply Follow

5 Replies

abhishek (student) 18 February 2010

hello,

sec 498a clearly specifies husband or relative of husband subjecting the woman to crulety.I would like to say that relative is a person who takes part in family matters and problems from time to time but in your case as said by you ,you didnt interfere in your family issues and was not even in contact wid dem for 7 yrz........so dats doesnt falls you under the purview of a relative.N YA ass you where not present during the cruelty was committed was comitted on that women..you cannot be punished under section 498A of the indian penal code !!!

Mohit Attri (lawyer) 18 February 2010

get anticipatory bail

RSH (NA) 18 February 2010

Thanks Abhishek / Mohit

Please tell me how and how early I can go for anticipatory bail? Also is there a validity of anticipatory bail?

What documents I need to submit?

Best

RSH

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 18 February 2010

As you have no practical connection eiher with your brother or the disputes between him and his wife so you have nothing to worry. If she files any case against you or your wife, meet senior officers of the police and apprise them the situstion with the help of your neighbours. Even then it is not siffcient then obtain Anicipatory bail.