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Alpesh Makkampara (Junior Engineer)     29 November 2013

498a case

My wife has filed 498a case agaist me and my family. Can make her call to her to  talk with her?

I had called two times once she answered and then her brother picked up and threaten me. If again i call he file a complaint police station. what he can do i call her? is police file a case?



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 2 Replies

Advocate Ashok Kumar (Counsel)     02 December 2013

Hello,

You mentioned that your wife has filed a 498a case against you and your family. Did the police register a FIR? Did they tell it to you and did you file for anticipatory bail? If you have not done so yet, you should do so as quickly as possible, or otherwise you might be arrested and sent to jail. Before you try to call her again, you should make sure you are legally secure. There is no restriction on you calling her, but bear in mind that it might amount to harassment and even her relatives might then have grounds to file a case against you. It would be best if you try to negotiate the matter out of court and settle it in a mutually acceptable and amicable manner. You can approach the court for quashing of the cases under 498a stating that the proceedings have begun for an out of court settlement. You can even request for a court approved mediator to be provided to you. But before anything else, you should consult a lawyer and guarantee that you wont be sent to jail.

Regards,

Advocate Ashok Kumar; www.lawkonect.com

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     02 December 2013

as per my opinion no need to call her, try to talk to her either personally or through mail or contact her before the court for settlement. she can file another case for threatening or use these calls in her favour.

Feel Free To Call


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