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sameer (Assistant)     15 July 2017

498a case reopening

My sister filed a 498a case on her husband,father in law and mother in law. They promised her that they will not asked any money, and also they will not torture her. So my sister withdrew the case but they again started asking money and torturing my sister. My question is may she reopen the earlier case.


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 6 Replies

Raveena Kataria (Advocate )     15 July 2017

Yes, she can file a fresh complaint u/s 498A again, and mention the recent incidents (i.e. those incidents which took place after withdrawl of the initial complaint.)

I'd advise that your sister take the assistance of a local advocate this time, so he/she can help her in building her case and citing relevant evidence.

Ms.Usha Kapoor (CEO)     16 July 2017

Yes! your sister can file a fresh 498A case complaining about recent  demands of your inlaws and husbasnd after 1st complaint is filed and withdrawn.Engage a good  Family law lawyer.

sameer (Assistant)     16 July 2017

Thnx for valuable reply. Actually my sister's husband, father in law, mother inlaw convince her that they will not torture her and and not ask money and they will keep my sistr with love and affection.My sistr Went to court and told that she is happy with them.And court given a disposal date.Now case is on disposal date though they r torturing her, her husband beaten her. Disposal date is on 21/07/17.On this date may my sistr complain to court that they have started again torturing.Or my sister have to file a fresh case. Thnx

nikhil singh (Advocate)     16 July 2017

Harassing again for the dowry after settlement, give rise to a fresh cause of action. As per my opinion is will be better to file a fresh complaint mentioning about your previous compliant.

Nikhil Singh

Advocate Suprme COurt of India

(M) 7838078186

P. Venu (Advocate)     16 July 2017

Yes, the facts stated suggests that there is fresh cause of action.

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     16 July 2017

As the pending case has not been disposed, it is better not to withdraw the case.  Now, on 21.07.2017 when she appear, she has to move an application with the latest demands and harassment and they also become part of the court record.  No need to file fresh case after withdrawing the present one, as it will consume time and for some other reasons.

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