Mayur (Sales) 18 September 2012

What should we do after 498 k filled on us?

Hello All,

My Step Mother left home 1 Year ago and then came back 3 months back and now asking for huge money. Please refer my post to get full idea https://tinyurl.com/9gg3rge

Now she has filled 498-K on my name, My father’s name, My father-in-law’s name, My Father’s brother’s name.

We have taken advice from one advocate and he said that he will take us to police and then will go to court for bail, but I need to know next steps from that.

Is she entitled to file any another case on us? Are there any other types of 498? As such se has filled 498 K case on us.

My Father is in Hospital as such he had injury in his right leg knee and went through operation 2 days ago, He is blind, Diabetic patient, Heart patient and now he can’t walk as well, so will police is authorized to arrest my dad?

Please advice what do to in this case and how we can get rid of from all these issues, will filling a divorce case on wife by my father, be right step?

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5 Replies

stanley (Freedom) 18 September 2012

If you go with your advocate to police station the first thing they would do is arrest you . Ther is only one type of 498 A and not K .Under 498 A your father and all those mentioned in the F.I.R can be arrested , they would have to seek Anticipatory bail including yourself . Indian law is such that she can file N no of cases like Domestic .Violence etc . The reason they have filed this false case to bring youll down to a settlement for the settlement money she is asking through divorce . So contest this case and dont give in to her demands .

c.p.s. ramachary (1500) 18 September 2012

As rightly stated by Mr. Stanely, there is no 498K. It is 498A of IPC which reads thus:

“Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. The offence is Cognizable, non-compoundable and non-bailable."

This is a complaint on dowry harrassment. All of you whoever is accused in the complaint have to obtain 'anticipatory bail' through an expert in criminal law. Police may arrest you at any time. Therefore move on urgent basis an anticipatory bail which may be subject to conditions like security.

This kind of cases have not succeeded. The per centage may be very meager say 2%. But apart from this it is necessary to obtain anticipatory bail. Consult your lawyer at your place and take urgent steps. I fully agree with Mr. Stanely's opinion and suggestions-

Advocate M.Bhadra 18 September 2012

First you are all should try to get anticipatoy bail u/se.438 Cr.p.C. from District Court or High Court and after getting bail face the trial and after two years your father should file a Divorce case in District or Family Court.

Mayur (Sales) 19 September 2012

My father is not able to see and now due to fracture in right leg knee, he is not in condition to go to Court.

In this case i need your advice that is it ok that we 3 people go to police station and get the bail in the court and then once my father will be able to walk then we take him to court.

Or should we take wheel chair and take my father to court for Bail?

Also, as My step mother has filled 498 on my name, My father's name, My father-in-law's name, and my father's brother, She has not filled 498 on My Wife yet, so is there any possibility that she can again file 498 on my wife?

Regards,

Mayur

Advocate M.Bhadra 19 September 2012

To get a anticipatory bail your father need not go to the Court,he can approach to execute a Vakalatnama to a Lawyer.For your second query please note that there is no possiblity of further case lodge by your step mother.