My elder brother has threatened to do case against us u/s 498a on whole family and she has proof of recording of some conversation between her and her mother -in-law. They ask us to come on counseling tomorrow. What should we do now? Will they send us jail directly or how to secure overself in this matter.
Hi, as per latest Supreme Court Judgement, the police will not arrest you immediately, before registering the case first they have to verify the genuineness of the complaint and then only they have to register the FIR.
2. So better you can avoid the counselling or you can accompanying advocate you can attend the counselling.
1. there is no harm in participating in the counselling and reaching to a settlement if the terms are amicable.
2.However in the meantime do remain fearless as even f any 498A case is filed there is absolutely to chance not going to jail.
3. Automatic arrest has totally stopped in 498A cases and there is zero risk for in laws apart from husband.
4.So there is no need to get worried unnecessarily as even if FIR is registered you can easily get bail.
Good luck.
Counselling is for purpose of reconciliation
2)you would not be sent to jail
3)even if FIR is filed policewould issue notice to record your statement
4) you can apply for and obtain AB from sessions court
Thank you for suggestions, sir yesterday there is scuffle between my mom and elder brother wife, she pushed my mother and on counterattack my mom also did the same after that she run away from house and make complain that we always torture her.She always provoke my mother and did not record what she said but only what my mother said is this will be valid proof for sentence of jail.What should we do further for save our lifes as she has cleraly said she will do case u/s 498 on all the family members. But one point is there my brother was on duty from past 2-3 months when this all started and only my mother,father and myself was present.
1) your mother should deny the allegations
2) if flat is owned by your parents they should obtain court orders restraining daughter in law from disturbing their possession of the house
3) in 498Acase there is no automatic arrest
4) police issue notice to record your statement . Obtain bail as advised
If the complaint has been converted to FIR, then it would be advisable that you better obtain anticipatory bail and then attend the counselling session.
If not then you may attend the counselling session but be cautious that they may register the FIR during the counselling session too and when the talks fail they may arrest you.
She always provoke my mother and did not record what she said but only what my mother said is this will be valid proof for sentence of jail.What should we do further for save our lifes as she has cleraly said she will do case u/s 498 on all the family members.
Her threats will not be a danger immediately, however you may be vigilant about the developments and FIR etc.
But one point is there my brother was on duty from past 2-3 months when this all started and only my mother,father and myself was present.
She may file cases against all those who were available at home during the incidence.