Brothers wife threatning 498a
truecrusador
(Querist) 03 January 2015
This query is : Resolved
My brother has been married from last 16 years. Now his wife went to her fathers house 1 month back and now they are threatning 498a against us all.i am a government servant and under probation.i am posted in different city from my brother since last 2 years. Can a false 498a hamper my probation in govt service. Can i get terminated on this ground. I m very anxious.plz help
Devajyoti Barman
(Expert) 03 January 2015
If you are not arrested and put behind the bars, you have nothing to worry.
Since you stay in different city you are likely to get ample opportunity to evade arrest by applying for anticipatory bail.
ajay sethi
(Expert) 03 January 2015
in the event your sister in law files 498A case against you also apply for AB .
Laxmi Kant Joshi
(Expert) 03 January 2015
Don't worry nothing will happen try to solve your matter amicably with your sister in law for that take help of your both sides of relatives , if it fails let her file the case on investigation prove your innocence again fail then obtain AB for you , don't get panic .
Rajendra K Goyal
(Expert) 03 January 2015
If any case is registered, move for anticipatory bail.
T. Kalaiselvan, Advocate
(Expert) 04 January 2015
Better maintain a vigil, in the event of being summoned by police, immediately rush up to a local lawyer's office, apply for AB through him, obtain it and then attend the police station or court, that way you will be safe.
Sudhir Kumar, Advocate 
(Expert) 04 January 2015
I tend to disagree with all view to the contrary.
Even if you manage bail during probation period still your probation cannot be cleared.
You have an obligation to inform the deptt if you are arrested or released on bail. Failing which deptt has powers to initiate disciplinary action against you which again is another hurdle to clear probation.
If you feel you can hide arrest/bail from deppt then you are wrong. The opposite party may not be sitting idle after fixing you.
Deppt has option to extend probation or terminate you.
Your living away can be a matter of argument in trial. this does not given you any immunity whatsoever from being charged
Amicable solution is in your personal interest.
Sri Vijayan.A
(Expert) 04 January 2015
in continuation of advice by Shri.Sudhir Kumar,
First, try for amicable settlement.
2. In parallel, try for AB as a contingency measure.
3. This may or may not have implication on your employment.
4. Please check your conduct rules and disciplinary rules.
5. In most departments, arrest and detain by police for more than 48 hours shall become deemed suspension.
6. If you are detained for more than 48 hours, it is your responsibility to intimate the same to your controlling officer or the administration. Otherwise, non intimation itself shall become a ground for initiation of disciplinary action with the charge "Suppression of Material fact".
So, check with your conduct rules, have negotiation for amicable settlement with sister-in-law.
I think that is possible, because they [your brother and his wife] had run the family life for 16 years.
Phani Kumar. D
(Expert) 05 January 2015
If they are threatening inform concerned police about your innocence. You may get AB if you know correct information about lodging complaint against you also.
