Can 498-a be applied if relatives have disowned the complainant before 498 was applied
Narendra
(Querist) 16 December 2013
This query is : Resolved
Guys
Since 498-a extortion sword is hanging on us we were advised to Disown the Brother whose wife has threatened this action. Can Parents and other brother be saved if they Disowned this brother whose wife has threatened to file 498 against all family members. She is doing it to extort lots of money from him.
Please advice.
Thanks
ajay sethi
(Expert) 16 December 2013
it is necessary to go through allegations made in complaint filed by wife . merely disowning son wont solve the problem
Narendra
(Querist) 16 December 2013
SECTION 498A : Husband or relative of husband of a woman subjecting her to cruelty.
But If we do not have a Joint family and live separately in different city since last 10 years, and also Disown the brother whose wife is threatening us , will Disowning work?
Devajyoti Barman
(Expert) 16 December 2013
Disowning never works as it does not escape criminal prosecution.
Put up a brave front and do not succumb to pressure tactics.
Try to obtain notice bail from local court.
Rajendra K Goyal
(Expert) 16 December 2013
Consult a local lawyer expert in criminal law. Take bail and defend case, disown does not work in such condition.
prabhakar singh
(Expert) 16 December 2013
Right are the opinions of experts and disownment ,though of no use,is planned subsequent to filing of case,an afterthought action.
