• Misuse of ipc 498a

My brother wife filed a IPC 498a case agaianst our family at 2010. Now 5 notices had given to her in order present herself in court. ..for which she disnt turn up. Now for the last hearing the police abt to give a report that they cannot find her but from no where some lawyer appeared and they said compromise talks hav been going on where we never been approched any kind of talks like that since they asked one month time....can they file another case against us...if so what are precautions we should do.
Asked 2 years ago in Criminal Law from Chennai, Tamil Nadu
1. If a lawyer has appeared for your wife then he must have been engaged by her.

2. If your brother's wife continues to remain absent from the court on the dates appointed for hearing the court will eventually dismiss her case. 

3. She can file a case for domestic violence against your brother and his family members. This apart, she can also sue your brother for maintenance. She may also file a criminal case for assault, etc against your brother and family members.

4. If further criminal charges are slapped then file for anticipatory bail to escape your arrest.
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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You havent mentioned if the earlier complaint filed by her has been dismissed by the court or not. If the same has been dismissed for want of prosecution, another case can be filed.

If u know that there is no evidence available with the wife then contest the case on merits and do not compromise.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
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1. If she does not appear personally in the court the case filed by her will be dismissed. 

2. She can file a case for domestic violence against your brother and his family members. She may also sue your brother for maintenance. 

3. If she files another case for return of streedhan then take bail and contest it on merits as you have already returned all her articles.

4. Respond to the legal notice issued by her and deny her allegations. 

5. Your brother can file for divorce against her on the ground of cruelty.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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1. The said lawyer must have submitted Vakalatnama issued in his favour by your wife,

2. If your wife fails to be presnt on the dates of hearings continuously, the case will be dimissed by the Court,

3. She can file DV case, maintenance claim u/s125 etc.,

4. Contest the cases fittingly on merit.
Krishna Kishore Ganguly
Advocate, Kolkata
12127 Answers
233 Consultations
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1. The case will be dismissed if she continues to absent herself on the hearing days,

2. No body can stop her in filing cases. You shall have to contest the cases filed by her,

3. Reply to her legal notice stating that you are agreeable for Mutual Consent Divorce but you have not taken any dowry as stated by her and also that all her Streedhan have been returned to her before the Police.
Krishna Kishore Ganguly
Advocate, Kolkata
12127 Answers
233 Consultations
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When you returned the dowry articles in front of the police, you must be having some document to prove that the dowry was returned. In reply to her legal notice, state the fact and mention clearly that everything has been returned in presence of police officials and nothing is due.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
Dear Querist
as per your information it seems that the Chargesheet has been filed and the court issue notice/summons for evidence to witnesses if she and her witnesses will not be appeared before the court then the court have power to issue warrant against them.

she may file a domestic violence case against you and your family for protection, residence order, maintenance, child custody if any, compensation.

she may file a maintenance case against you u/s 125 of Cr.P.C. for seeking maintenance if she is unable to maintain herself.

she may file a divorce case against you before family court.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0

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