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Puneet (Victim)     23 November 2014

498a process

My wife  filed complaint against me my father,elder brother and his wife in Women cell.They send me notice but as i live outside India so no one received it on my behalf.The tried to send me summons via embassy but i did not receive anything.

My question is if i don't respond to summons or any letter how would it proceed? Will there is FIR on other members of my family and do they have to fight the case alone without me ?

I know they can issue LOC and PO against me which i don't care but i would like to know without me how the process go further only with other members of my family ?



Learning

 5 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     23 November 2014

Dear, Better join the woken cell and settle it before its too late.... Or before the FIR gets registered..... Otherwise once FIR gets registered you take anticipatory bail..... Yes in your absence police will continue their investigation against all including you .... Kapil chandna adv, 9899011450

Puneet (Victim)     23 November 2014

What you mean in my absence police will continue investigation does that mean they can enter house of my father and brother and question them when they Wish and give them trouble? I don't have any intention to return to India ever as I am naturalized US citizen so I if the woman wants divorce she can get exparte that's the law here but not by false 498a which only exist in India. Could anyone please tell me in my absence does my father and brother have to fight the case in court or they will be troubled by police?

Advocate Ravinder (Advocate/Attorney)     23 November 2014

There is nothing to worry.  If your father, brother and sister in law and yourself are innocent, you will win the case of 498a.  It cannot be proved.  It is not so easy to punish who are innocent.  Moreover, as per the new Supreme Court Judgement, the police should not arrest anybody without proper enquiry  and investigation in 498a cases.  If the police vioilate this condition, they will be booked under contempt of court proceedings.  So,no need to worry.  Better appoint an experience and reliable lawyer to defend the case.  If you need any further clarification you can contact me 7893011777 or ravinder2345@gmail.com. I will guide you in detail. 

SuperHero (Manager)     23 November 2014

Don't ignore the summons. If you have to fight, fight it back.

Ignorance of the Law Is No Excuse

T. Kalaiselvan, Advocate (Advocate)     27 November 2014

In your absence and if the court decides on an application by the APP, the case can be split, trial on rest of the people can be held and your case will be kept pending for further process. In that event your parents and relatives can fight out the case on merits and come out acquitted.


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