stylistperson (Director) 03 June 2011

Way to go to supreme court to fight against 498a?

Hi there, is anybody can advice, what are the legal steps of 498a? As I know, woman lodge complaint against 498a and the husband and family has to get bail then the case enter in sessions court.

Now, if husband's family wish to quash the case in high court, then apply to quash in high court.

What is the next step and next right for Husband to do? How can they enter case in Supreme Court against Misuse of 498a??

My family got a case and my brother & parents have applied to quash in highcourt. That case is of 307 & 498a. We have adequate evidences to prove us innocent.

I wish to go ahead with supreme court. I am living overseas and my family is in India. My brother's wife has pur 498a complaint to recover some money and we wish to fight to win in legal side very quickly rather than to do settlement outside of court.

I look forward to hear from you guys soon.

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8 Replies

Saurabh..V (Law Consultant) 03 June 2011

@stylish person

There is no shortcut to success than hard-work.

Time is what they steel from you under the nose of the court. This is very old and trained practice of litigants who file false case, that if they don't get any money, then they want you harrased to your soul.

Be brave, face it!

Moving Supreme Court is not required, Once you get your case quashed from High Court, you can file an application to the Magistrate for "Defamation" etc., with prayer to direct the local police to file in FIR in this regard. If the magistrate rejects your application or police does not act as you require then you can approach High Court.

All the best!!

//peace

/Saurabh.V

4 Like

Arup (UNEMPLOYED) 03 June 2011

you may go to sc directly, when your fundamental right is violated.

your case has to turn to that direction.

difficult but may be done.

1 Like

stylistperson (Director) 07 June 2011

Thanks Saurabh & Arup. I am well prepared for support to my brother and family so there is no doubt about facing the fact and bettle hard. Our case is very easier and in our favours compare to the other cases I noticed around us. How can we know that fundamental rights are violated? I wish to find opportunity to approach Supreme Court. They have used 498a to earn money and I wish to realise thme that even 498a is not easy to earn money. Is there any way we can make their life worst as they tried to make ours?

Arup (UNEMPLOYED) 07 June 2011

How can we know that fundamental rights are violated? --- either you have to read the legal provisions or take help of a sr. adv of sc, who already deals with similar cases. it will be costly.

1 Like

Bidhan Dave (Advocate) 08 June 2011

Mr. Arup,

Do u know the fees of Supreme Court advocate ?

Paras (Engr) 08 June 2011

If you want to file PIL in Supreme court against 498a law. you can raise some points. 1. 498a is against fundamental rights. Police arrest people without investigation and put in jail. 2. 498a is against natural justice.

stylistperson (Director) 08 June 2011

Hi there, Thanks again. Money is second issue. Everyone aware of that it will be expensive. In our case, I am overseas citizen of India which means has dual citizenship. Would I able to raise some points such as 498a is against fundamental rights etc? the actual case of 498a is against my younger brother, sister & parents in India. If I raise that points which will affect the existing case of my brother? Can it be good way to keep busy my brother's in law with legal matters and financial expenses?Thanks.

stylistperson (Director) 08 June 2011

In brief; there are two ways to fight: Offence or Defence. I am looking for the legal ways of offence against misuse of 498a. Thank.

Way to go to supreme court to fight against 498a?

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