Parash (S/W dev) 28 June 2016

Filed 498a after 14 years of marriage having two kinds

My brother's wife has filed false 498a,dv case after 14 years of marriage against her husband(my brother), me (younger brother, 36 year age), mother and two sisters (40 year age) All are married.
We got call for 498a from police and told when he call again than present the other city where FIR registered, 345 Km away. They also printed about this in local news paper to damage our value in society.

1) Is she eligible for 498a dowry and DV case after 14 years having 7 year old boy and 4 year baby ? 2) Can police file 498a case after 14 yeas of marriage having two kids ?
3) Will police investigate about the true matter where we live in other city about her cruel behavior before they file the 498a
4) Can my brother write a letter to SP of their city police for kindly investigate proper before file the case of 498a. ?
5) If their were court hearing than all time me,brother, mother, sisters have to go their city for each time ?
6) how we should fight against their false cases like we sibling live separate and enter our names in 498a, like maanhani case,
7) Is it good to complain again newspaper who print our names before investigate or get the truth ? How to do that ?

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4 Replies

Angad Singh (Lawyer) 28 June 2016

Wait for the investigation to start by the city police. If they are out of their jurisdiction to operate, then it will be very difficult for them to act on the FIR. Wait for a notice under S.160 CrPC summoning you. A 2013 SC judegement restricts arrest on the basis of the FIR without proper reasoning for offences which are punishable with upto 7 years of imprisonment.

File a defamation suit against the newspaper(s) and your wife and/or whoever got the written material published. Also get an FIR registered for the same.

Don't worry about your family getting arrested because it is barred under the judgement if there is no proper reasoning.

Parash (S/W dev) 29 June 2016

Thank you sir for your replies.
Now I am worries only for the precautions should be taken after filed 498a, 323,114 and 125.
What are precausions after filed such cases ?l
Now is it safe for my mother (who was living with me before) to go that matrimonial home where she's luggegges yet present to serve my brother and his kids ? We scare due to his stuff present in that home and she may add one more false claim for theft jewellery etc to my mother ?
She wanted to name the whole home on her, how we safe the home property ?

Parash (S/W dev) 30 June 2016

As looking to the lawyer's fees, un-trust on lawyer's business orientated promises, wasting time and money expenses in roaming court, summons orders, giving maintenance, no proper investigation, delay court decision, 2 kids managing, our finanacial position etc, my family scares looking to all these matters and now they are thinking for Compromise by setting up the meeting before the case started and bring her back. All her cases are false we knew even we don't like her cruely behavior too, no gaurrentee for future her actions etc but after 14 years of marriage at age of 40 having 2 kids and looking above court struggle with time and money we are thinking of meeting and bring her back by our community .
Is it good to do ?
1) Get her back by community is good or
2) By legal in court is good if there were asked for live together like i am ready to get her back if she does not do something ?
Please advice.