Counter attack for false 498a

Dear quriest, 

What is the present status of your case?

Is there any other sections in FIR or only 498a?

Your wife has directly gone to file FIR or is it through CAW Cell?

You can ask for mediation anytime in court

Dear Mr Siddhartha Police said case was moved to court, 384 was also included there, she directly filed FIR it seems as she was not ready for mediation... Heard that court will prefer to women complaint mostly.... we will not get much to prove that the case was false.

Dear kumar, I think you should go to police station and read the complete file first.  Police will not send any file to court without investigation. After that they will file charge sheet or closure report. 

It's strange that you don't have oroper status of your case.

 

Better to appoint a lawyer

Dear Mr Siddhartha, This wat happened in my case as I met with accident for my right leg fractured for that docs advised me rest for 2months even informed the same to police wen they asked me to come to police station, my brother went to police along with my medical file. Before we went to station they them selves said after mediation fails then this case will move to court. But when we asked the same they said that my wife was not interested for mediation so they moved the file to court with in a week days.. This is wat my concern was, even few lawyers saying now a days 498a was so strong. Iam not able to get exact knowledge... so I am seeking help from this lawyersclubindia.

Dear kumar,

I'll try to clear your doubts. 

First of all police has nothing to do with mediation. 

Generally girls goes to CAW Cell and do" nautanki" that " I want to live in matrimonial house but my in-laws are cruel not accepting me and demanding dowry"  THIS is the point where mediation fails and case than forwarded to police station. 

In your case your wife directly goes to police station that is also legally right. But after this police should have come to your house, because it is the place where crime has occurred as per FIR. Police should have taken your statements and your family members statements. But as per you this has not happened. 

 

So a doubt came in mind " has police submitted the report to court that you are no cooperating and need arrest" 

Reason is there is recent judgement of supreme court that police cannot arrest without permission of magistrate. 

 

https://www.livelaw.in/automatic-arrest-498-cases-sc-issues-strict-guidelines-police-magistrates-non-compliance-will-attract-disciplinary-contempt-proceedings/

 

I may be wrong, but it is highly recommended to appoint a lawyer and first take anticipatory bail.

Dear Mr Siddhartha Thank you very much for your valuable information.