Can fir for 498a be submitted after the same case has been already filed with family court?
Aditya
(Querist) 29 March 2012
This query is : Resolved
Hello Everybody,
My wife has filed a case against me under crpc125 with the family court, accusing me of beating for dowry, and she is now asking for money.
The court hearing is on 4th May in another city. Till now she has not filed any FIR for the same.
Since the case is with the court, can she still file an FIR against me under 498A and get me arrested on the day of court hearing, when I'm there?
If so, isn't this planned cunningness? Why should a FIR be allowed when the exact case is already registered with the court? The police is to aid the court. And FIR means "First" Information Report. What's "first" when court already is in charge of the case.
If we show the police a registered copy of the case, then is it possible that the police will not arrest me, since this should now be in court's hands?
If such a FIR can still be filed, is it not a grave misuse of the law? And can I not file a case against my wife for misusing the law in such a planned way?
Shonee Kapoor
(Expert) 29 March 2012
Yes, it is possible for her to file the FIR. And it is not cunningness as of now, as she can avail that remedy independently.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 30 March 2012
She can file FIR, and get u arrested.
125 is for her hungry stomatch, to save herself from starvation, as u neglected and refused to providec food etc,
498 for the harassment, cruelty you acted , are two totally diff issue.
Few more are DV Act,+for residence, sec24 if u file rcr or Divorce, and so on ..
U have only to defend, you have no attack. Man is at Loss, either side.
Only u can be in Jail, not she.
Only u have to spend for all, both litigation, & uir payment to mtn is partly used to fight cases against you only.
So
YOU CANNOT "is it not a grave misuse of the law? And can I not file a case against my wife for misusing the law in such a planned way?"YOU CANNOT FILE ANY CASE , ONLY SPEND CASH. & GET HARASSED.
Aditya
(Querist) 02 April 2012
Thanks a lot to all of you. You have really opened my eyes.
One more question:
Should I inform my company HR that the leave I am taking is for court case hearing? Can the company take action if I don't inform them beforehand, and I am arrested there?
Shonee Kapoor
(Expert) 05 April 2012
It is always advisable to keep your seniors informed about all planned and sometimes unplanned leaves which you may require.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
