Urgent advice needed

Hi,

Generally nothing happens on first hearing..Judge gives next date, if u r absent. Some times opp party can ask interim maintenance and Judge can pass.

If your lawyer gives absent petition, Judge gives next date for hearing.

498a is Non-bailable, so there will not be any notice from court...She can file case in police station and they can arrest your brother.

She can file 498a any where in the country. She can say that ur brother harrassed her and hence she took room some X city and she can file there.

Best way to avoid arrest is, don't be in the home and stay in some unknown place till your parents and relatives get AB bail (If u anticipate she can file FIR on all)

Thank you members for your inputs. However a core question remains unanswered. If the first notice was under 125, can that be changed ? As in, can that be over-riden by a second notice under a different section ?

If yes, what happens to the status of the first notice? Is it no longer valid?

Kindly guide further.

Thanks

I am not an advocate but some non-advocates know a lot more than advocates... So:

In general, to address your question about change in section, etc. bear in mind that a Judge can do what he pleases. Issue any Order or any section at any time. But...

There is a requirement of notice and due process before an order is passed that is detrimental to a party. Only under extreme circumstances can this notice and due process requirement can be circumvented. If it is circumvented, you have to appeal. That said, Section 125 is for maintenance. I cannot imagine that to be changed and action taken against your brother under a different section without any notice provided. Any change by the party will have to be through an application to amend the petition, application, etc. One cannot just show up in Court and tell the Judge informally that the application should be construed to be under a different section. 

Relax... Do not panic. Whether it is you or your brother the damage done by wives is always more indirect than direct. Indirect because of the pain caused than the actual losses incurred. So, the more relaxed your brother is, the less will be his damages.  Jo hoga so hoga. Dekha Jayega... Whatever she wants to file she will file. No point in worrying. When it is filed, think of how to respond.