1)apply for and obtain bail from trial court
2) there is no automatic arrest merely because case is filed
3) file complaint against wife for defamation under section 500 of IPC
Fake dowry case
I had asked a question before on this forum So my brother in laws wife onli stayed wid us for one week after the marriage and after that she used the excuse of her mothers illness n went back to ghaziabad by booking her ticket online. Ever since she had been pleading to come bak bt my brother in law is disabled so he said if u can come bak by urself jus the way u left. Things escalated from here we found some evidences on her email where she claimed herself to b a lesbian involved in fone sex and had been previously engaged. To us she lied about herself that she can walk and cook and everything But she cudnt walk at all properly Forget cooking she cudnt even dress up by herself She was disabled bt way less than wt my brother in law condition is. Anywys let me mention all the dates here They got married on 8 december 2016 Around 18 dec 2016 she went bak to ghaziabad 23 jan 2017 she came with her mother and used local police and asked to let her inside the house but we told her to Meet at a certain place wid our lawyer and sort the matter there She agreed bt never came next day Instead filed a ddr against brother in law mother and the younger bro of 498a After that we received numerous calls frm mahila thana ghaziabad for a meeting bt ssince brother in law is disabled he cudnt go and the younger bro is sole earner of the fmoly On wednesday that is 26 april 2017 the police officer from mahila thana came to jalandhar to their house Gave us the copy of the fir registered on feb 27,2017 against the trio the sections filed are 498A [deleted] None of them is true She onli stayed for a week and left on her own. Now we r being told that there are summons against the tthree and they might get arrested Howevr that officer recorded all the statements and looked at the evidences against her and himself told us that she is being a pain for them as well . Can you guide us what can happen next Will they b arrested or no Wt shud we do We have all the evidences against her
Asked 7 years ago in Family Law
Religion: Hindu
10 Answers
1. Since FIR is registered , do not waste time anymore and apply for anticipatory bail.
2.in 498A cases nowadays bails are getting allowed easily.
3. So once bail is granted there is not much to do as trial of the case would take lot of time.
4.if her demand is not exorbitant then settle the dispute amicably and get mutual divorce.
How much does it costs to get the bail per person Now that officer has asked us to wait as he will call her in thenoffice in about 5-6 days and then he ll tell us wt will hppen
Asked 7 years ago
Legal fees vary depending upon lawyer engaged by you
It is for court to determine conditions for release of the accused on bail
The fees varies with layers and there is no uniform fees for the same.However anything beyween 5-7 k per person is reasonable.
1. You have stated that FIR has been registered against your brother in law, mother and the younger brother u/s 498A of IPC.
2. Sec.498A is a non bailable offence for which all the accused shall have to avail anticipatory bail from the Court.
3. Once AB is obtained, they can contest the case fittingly.
4. After completion of one year of marriage, your brother in law can file a divorce suit against her on the ground of cruelty since filing of false 498A complaint is considered as cruelty.
1. If you are sure that FIR has been registered, then the accused should apply for and avail AB immediately.
2. the legal expenses vary from place to place and lawyer to lawyer. For getting AB for all the accused, it might cost you Rs.1 lakh.
3. If no FIR has been registered against them, then they can visit the police station and attend to the investigation in connection with the complaint filed by your sister in law.
No doubt these are fake cases being utilised to avenge them.
But since the police and the case is from UP, there is no provision for AB hence they may surrender and get enlarged on bail the same day or next day or to file a petition before high court to not to arrest.
The case can be challenged in the trial court after that.
How much does it costs to get the bail per person
Now that officer has asked us to wait as he will call her in thenoffice in about 5-6 days and then he ll tell us wt will hppen
The lawyer fee for obtaining bail cannot be predicted by another lawyer, it depends on the lawyer you would engage. Since the police have asked you to wait for 5 to 6 days, you may do so.
1. Since the FIR has been registered the accused persons should immediately apply for stay on arrest through a petition for quashing in the HC as there is no provision of anticipatory bail in the state of UP. Truth or falsity of allegations is seen only at the trial. If they do not move the HC then they will be arrested.
2. The cost will be the fee of lawyer which I cannot predict.
1. if you can prove that she had stayed only for 10 days in her matrimonial home then cruelty case u/s 498 A /504 /354/ 328 IPC and 3/4 DP Act shall be quashed by the court.
