Consultation regarding pending 498 case
Abhi deshmukh
(Querist) 18 December 2015
This query is : Resolved
Hi
The case is as below
My sister in law has filled false 498a case against me and my family members in sept 14 against which we had filled quash application in high court in Dec 14 where we were able to get removed three persons name from 498 a which include my wife and two uncles but there are still 5 people names remained in court which includes me ,my elder brother who's wife filed the complaint, another younger brother and my parents father and mother.now the case in trail Court and date is in Feb month so I want to get the name discharged my name from the case.
1.Can I file the discharge application in trail Court before Feb month and is it possible that arguments can be started in the month of Feb on the date itself.
2.How much time it takes to get name discharged from the 498 a case
3.How does the discharge application process works.
4.when the 498 filed we have approached high court the Court advised to district court to do bail so do we required to take regular bail now again from trial court
5.I don't want to attend the Court dates so do I apply for permanent dispense from the Court dates.
6.I have my L1 visa interview in coming days so can I go attend the interview without disclosing the pending 498 a case against me or I have to wait till the name get discharged from the case.
7.Is there any problem in immigration if I will not disclose the pending case from my side
P. Venu
(Expert) 19 December 2015
There is hardly any chance of the Trial Court allowing discharge application, in view of the decision of the HC. The only possible solution is to face the charges on merits.
Other aspects raised are less than legal queries when you intend to be less than honest with the rule of law.
SAINATH DEVALLA
(Expert) 19 December 2015
Nothing more to add than those mentioned by Adv Venu.
Rajendra K Goyal
(Expert) 19 December 2015
Better face the trial.
You can visit out of India if court has not issued any order against it, you have to present before the court on hearing.
K.S.Srinivas
(Expert) 24 December 2015
I agree with Sri P.Venu.
