Misuse of 498A

Querist : Anonymous (Querist) 06 May 2011 This query is : Resolved
Hi,

my brother's wife has filed 498A case against the family in Gujarat.And 5 members of the family was arrested and bail was granted in feb 2011.The summons were recd and the first date was 02may.How to fight the same.Please suggest some genuine lawyer in Vadodara.the complainant had an extra marital affair with the ex boyfriend and was asking for divorce.But my brother was in love with her and expected her to change and feel guilty.the marriage took place in 2008 and stayed out of the country from mid 2008 till mid 2009.Since then from mid 2009 the girls stays at her parents place.They have offered settlement asking for huge amount..and we have not accepted the same.But it seems to harrass us they are speeding up the matter and the next date decided is 01jun11.is it possible to speed up the matter by the complainant.Who decides the next date.We have a feeling the lawyer of the complainant has decided the date.How to take it further.Can we apply for squash...What worst can happen.The girl is educated and good work experience...not aware whether she has started working.
Does she deserve any alimony or maintaince.How is the figure decided.Please advise a good and honest lawyer for the same.

Follow Query

Report Abuse

M/s. Y-not legal services (Expert) 06 May 2011
Of course.. If you have merits mean you can file quash your case before your high court of law..

M/s. Y-not legal services (Expert) 06 May 2011
Yes. Speedy trial procedure is available.. I think complainant's counsel may be got any speedy disposal order by high court..

M/s. Y-not legal services (Expert) 06 May 2011
Then next hearing date will be fixing by court only not by complainant's counsel. Even if you appoint an advocate mean he will try to get your convenient date..

M/s. Y-not legal services (Expert) 06 May 2011
If you can attach the divorce case's detail.. You didn't mentioned the grounds of that? My advise is if its can mean just ask your brother to give divorce to that girl. Atleast she may be happy.. Poor sentiment will not be favour to matrimonial life.. After marriage also she is on affection with some one mean what going on there? Why your brother have to still in love with her..

M/s. Y-not legal services (Expert) 06 May 2011
How ever as a legal wife.. She is entitled to claim maintenance.. Even by filing a restitution of conjugal rights petition before the same court of law which is the divorce case is pending your brother can get defence for maintenance case.. Hope you may clear little bit..Take care.

Kiran Kumar (Expert) 06 May 2011
no doubt there has been a massive abuse of provisions of S.498-A IPC but there are certain genuine cases also.

the problem is nowadays we Indians are more guided by materialistic considerations with least respect to human and cultural aspect.

certainly you will have to fight the case in court and prove the things in your favour.

even the court will first make an effort to resolve the matter amicably by way of mediation and conciliation....it has been a general tendency that in the process of allegations and counter allegations among the parties the relationship becomes more sour....the court would rather attempt to diffuse the anger.

for you also it will be better to settle the matter peacefully....certain adjustments are required to be made in life.

I am not saying either you are wrong or the girl's side is wrong....before the court, the burden will be upon her to prove the things beyond reasonable doubt that your family committed crime.

PALNITKAR V.V. (Expert) 06 May 2011
If you say that the girl has some extra marital relations, you may try a private detective. If you get enough evidence, then perhaps you can solve all the problems.

abhay dholakiya (Expert) 06 May 2011
i am agree with palnitkar Sir that you may try a private ditective and get proper proof and evedence there are lots of cases like this solved by private ditective help

Querist : Anonymous (Querist) 08 May 2011
Thank you so much Tom,Kiran Kumar,Palnitkar and Abhay.

By any chance can someone advise a genuine good lawyer in Vadodara...

Thanks again.

Querist : Anonymous (Querist) 08 May 2011
Hi Tom the below mentioned line is a bit confusing to me,

"Even by filing a restitution of conjugal rights petition before the same court of law which is the divorce case is pending your brother can get defence for maintenance case.. "....as yet no divorce case is filed..and what if she is educated and i guess she would have started working also...anyways she has a good work experience...doesn't that count to court that she can live by herself...

Misuse of 498A

Similar Resolved Queries :