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False 498a cas

(Querist) 06 March 2016 This query is : Resolved 
Dear sir,
Me and my wife got married on 20th jan 2014 without my parents will. So my parrents disowned me from him before marraige. Only after getting information of my marraige they disowned me.
Now scenario is my wife have loged the fir aginst me of 498a so my question is that is my family protected or will they be arrested along with me by police. Kindly show me the way and help me with some ideas..
Kiran Kumar (Expert) 06 March 2016
Well...most of the times such provisions have been misused.

After Arnesh Kumar's judgment by the Hon'ble SC, the arrest of the accused in such cases is not an easy task. But the law can still be circumvented in order to harass the individuals.

In your case, your marriage was without the consent of your parents. And I believe, in your case, they will be largely protected by law.

Seek help of a local lawyer.
Sudhir Kumar, Advocate (Expert) 06 March 2016
disownment drama does not help someone to be free from criminal liability in true /false charges. Had it been so easy then not even a single case could have been there where parents of husband were booked.


marriage without consent of parents can be interpreted nicely against them for proving dowry demand on their part.

Rajendra K Goyal (Expert) 06 March 2016
you have mentioned that FIR is against you only,your parents are safe till their name is included.
R.K Nanda Online (Expert) 06 March 2016
nothing to add more.
Zahid (Querist) 06 March 2016
I really appreciate that you all helped me . I really wanna thanks to you .
Can you please tell me ,that in my case can my family get AB.i am also trying for my self but lower court denied the bail aplication on the basis of no compliance with police ..
Devajyoti Barman (Expert) 06 March 2016
1. Getting AB is no more difficult task noways , more so, for the in laws of the complainant.
2. So do not fret about the 498A anymore and fight for the truth without succumbing to any blackmailing tactics.
Adv. Yogen Kakade (Expert) 07 March 2016
It is advisable to appoint a good lawyer immediately.. because it seems you might be needing one.


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