1. there is no chance to put up the case of 498a, because after divorce they donot have any relation between them.

2. your lawyer was miss guiding your family.

3. it is posible file a  maintenance petition on your brother. it should be decided in the trail court. one time settlement or monthly maintanence.

Dear Querist

1. Did any girl can book a case after divorce?

opinion:- the time limit to file a 498 A case is 3 years of the occurence as per section 468 of Cr.PC and the magistrate have power according to section 473 of Cr.PC to take cognizance after this period too.

2. Did my lawyer can cancel the AB of our family member?

Opinion: No, He can not do that
3. Can we change our lawyer and appoint any new lawyer to fight the case.

Opinion: It's Depend on you we can not say anything about this
4. Can police arrest any other family member?

OPINION: nO THE POLICE CAN NOT ARREST A PERSON WHO IS NOT NAMED IN fFIR.

1. She would be disputing the divorce. Only that can be the basis of her filing 498a.

2. You should have gone for declararation of the Divorce passed as per customary law to make your case.

3. You should also apply for AB of all people who have been implicated in the 498a case.

Thanks all of you for replay and give the helpful advices. My family members got the AB. and as per Muslim personnel law we deposit the amount in qazaiyaat office. And we got a certificate of talaaq from Qazi. Also my brother declares the divorce in a news paper. After these all she files a false 498a against my brother and family member.

After getting the order of bail from the court my family member’s went to women’s police station and complete the process of bail. Now I want to know what will happen next. Will case will start in court now or it will start after the charge sheet.

Case would start in court after chargesheet.

today we got a information. the two persons who give Surety for my family members for AB. one of them are is giving fake suretys . and police book a case on hime and our lawyer for flase surety's, can you ask me it will effted our case or our Ab. the police inquiry about more the 15 guys with two lawyers.

and i want to know what we will do next.

Note. our lawyers arranged that persons for our suretys.

Please give me the answer of this question. My family members get the AB. and the A1 is in not in India. Did the girl can apply to cancel the AB of my family member in high court?

Dear All.

the IO wants our old lawyer have to come PS and verify the surety. but our old lawyer not ready  to go PS for verification. Now IO also calling my family members to come PS and settled the matter. but we are worried. we have doubt may be  police will arrest  them if they go to police station. please give us your opinion what we have to do. our new lawyers also asking us the old lawyer have to go PS and verify the surety.

eagerly waiting for you reply.

  As per you all knows about my brother’s case. I have some doubts and I hope you all will help me to understand them. My brother give divorce to he's wife as per Muslim personnel law.  and he completes the procedure of TALAQ in Qazi office. I mean he deposited  the Amount of MAHAER and the Amount for Nan Nutfa in shape of FD and declare the TALAQ in the news paper and also send a legal notice of divorce to the girl by he’s lawyer. And get the TALAQ certificate form Qazi office. After all these  the girl files a false dowry case against my Brother and my parents and one elder brother and sister. We tried to make a compromise with them and try to finish this case in women’s police station but the girl family was not in mood for compromise.  They are asking for a huge amount to withdrew the case and that is not acceptable for us. After these all my family members get the AB. It all happens almost 3 month ago. Till now the case holde is in police station. I mean the IO not submitted the charge sheet in the court.

Now my questions are

1. How can we take out my parents and sister from this case?

2. We heard the girl parents thinking for her second marriage. And as per my knowledge in Muslim personnel law if a girl want to do second marriage she have  to clear her first TALAQ from Qazi office and get TALAQ certificate then she can go for second marrige. Is it right?

3. And if the girl accepts the divorce and if she takes the TALAQ certificate form Qazi. What will the status of 498a which she booked aginst my family?

4. Did we appeal in the court to dismiss the case after her second marrige?

Please give me your valuable suggestions. 

Please respond.

I don't know on what grounds you want the name of sister and mother out of the case. Even if the police removes the name from the CS, the same can be later added by the complainant using CrPC 319 after evidence.

Also, if she gets talaaq it has no bearing on the criminal case filed against you.

Regards,

Shonee Kapoor

Thanks sir Shonee Kapoor. 

sir i just want to know how we can fight this case. and ther is any law to remove my family memebers names for these case. my family members on bail and till now the case is on PS. CS still not file.