stylistperson (Director) 29 March 2011

Trapped by misuse of 498a

Dear Friends,

My family is vicitm of misuse of 498a as many others are here. The situation from the beginning is as follows;

1. My younger brother's wife fall of from the terrace of our apartments while she was reading books for TY Bcom Exam just after six month of marriage. God was there to help us and saved her alive.

2. Only my mother was at home, my neighbours immediately assisted to call our family members and we admitted here immediately into Hospital.

3. We spend money & time to take most resonable care for her. She explained reason of falling to police & doctors that she was slipped away from the terrace wall and fall off.

4. After some operations, doctors released her to go home and she decided to go to her parent's home and we agreed.

5. When my brother go and visit her at home she doesn't talk with him much and tried to ignore him. Then some of our closed relatives went to visit her and her family members said straight that do not come to our house to visit her. Then we stopped to communication for about two weeks.

6. My Parents, had given public notice in newspaper that my brother had no rights in our property & live seperately. My brother given this after consultancy of a lawyer to avoid future attacks from his wife legally.

7. In return, my brother's in laws file FIR that say my father pushed her from terrace however he wasn't there at all. My neighbours phoned him and call immediately. And also file FIR that my mother, married sister and my brother harrashing her under section 498a. I am living overseas with my youngest brother so they couldn't put our names.

8. Then, my brother's lawyer wasn't prepared for next action of 498a so we changed to good lawyer immeditely and applied for anticipatary bail for my mother & my sister and they got it. Now they applied for my brother & my father's anticipatary bail and we are waiting for positive responce from court. Meantime they are away from home as police visit home to arrest them.

9. Now we need advice to fight against 498a. As in our defece, we have good enough evidences and witnesses they can help us once the case begin in court as our family is highly respectful where we live.

Where shall we go and how can we fight back?

Our lawyer suggest to put file in Highcourt in against of 498a. Is there any other way that we can quash to case very quickly in court and re-start our family life peacefully? We do have some evidences and witnesses of the real picture of the life however they will put lots of lies in court and that will take ages to clear.

I look forward to receive your reply in detail as soon as possible.

Thanking you.

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5 Replies

Sreenivas V (S/W) 29 March 2011

I am not a lawyer. But I am also a person on whom false 498A case was put. As far as my experience you need to go to a good lawyer and apply for quash in High Court. Normally lawyers when you visit them they will study your case and then they will decide and guide you in which direction to go ahead. It is not always possible to apply for quash in HC, it depends on your case details.

Normally if you want to prove in trial court it will take years for the trial to start and if it is false 498A girl side will not come to court and finally it will end up only in settlemet after taking huge amount from boys side. You can prove or submit your proofs only when the trail start and also the girl side has to first tell their version in front of the judge which will never happen or it will take many years for that to happen if it is fasle 498A. If it is true this part will be very fast.

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stylistperson (Director) 30 March 2011

Hi thanks to explain. We are going on same track at this stage to quash in High Court. Is there anything else can we do? Thnx.

Sudhir Kumar, Advocate (Advocate) 17 December 2011

by absconding your brother father are reducing chances of getting regular bail when arrested. They are not professional criminals who can throughout the life keep hiding. It appears from yur version that initially the lady was not hostile to fmily but became so after being abandoned. You sid that your brother was visiting her in her parental house that clearly shows that he had not intention to bring back (perhaps disabled) wife. It appears that the depresssion so caused has lead to this situation. Now it is clear that onus of proof in such case is on the accused and golden line lies that if you are able to prove the stated facts with the evidence of your neighbours, doctos, the policeman who recorded stated at hospital, you may be able to prove innosence.a lie is alwasys a lie even if spoken 100 times. Be cool and systematic

vicky (Executive ) 17 December 2011

I read the instruction of SC to HC that now onward do not quash the FIR at this state. so i think it Fir may not be quash. My advice is appoint good laywer prefer local and keep in touch with IO thourgh your lawyer and relatives. IO will help you to get the bail. if opposite pary is influential, it may create some problem. Mostely court keep very soft corner for girl side.

regdards