False 498a after 6 months and dv case almost after one year
youngbro
(Querist) 29 December 2013
This query is : Resolved
Respected lawyers,
My brother s wife went to her parents home in sept 2012 tried to exort 7 lakhs in nov 2012, gave warnings in feb and my brother sent a legal notice and applied for RCR ,girl filed filed false 498a case on May 31st2013 my bro was sent to JC for two days On Monday as he had applied for RCR easily got Anticipatory bail, I read in some website that girl cannot file 498 If she is living separately is it true , pl shed some light on it, and also she filed a DV in august 2013 almost a year after she left my bro
's house. Pl help me by answering is it legal to do so ? my parents who are 70 _+ are very scared, and keeping themselves housearrested.
ajay sethi
(Expert) 29 December 2013
Dv is a continuing offence . it can be filed even after one year . it is necessary to consider the allegations made in complaint by wife .
if wife has filed 498A case contest case on merits .
Rajendra K Goyal
(Expert) 29 December 2013
498 case is filed by the brother's wife. Defend the case on merit. Parents may take anticipatory bail.
Devajyoti Barman
(Expert) 29 December 2013
It is wrong to say that wife staying can not file 498A case.
However since her husband has got bail, there should not be any problem for his parents to get bail. Ask them to apply for AB which should be easily granted.
youngbro
(Querist) 29 December 2013
Thank you Experts, They are threatening us that they will produce fake medical certificates.. and blame that we physically abused her.. is there any solution ??? Never imagined in my dream also , so called Bhartiya Nari can be so evil minded . It is really shameful that we cannot protect our senior citizens against such evils, people who have served India all their lives.
Rajendra K Goyal
(Expert) 29 December 2013
For her threatening take help of some good lawyer to reply in same coin.
Devajyoti Barman
(Expert) 29 December 2013
Good luck for your long road of legal battle ahead.
youngbro
(Querist) 30 December 2013
thanks Divyajyotiji, Any idea how long does this non sense cases run
Devajyoti Barman
(Expert) 30 December 2013
Anything between 3-6 years unless out of court settlement happens.
