• 498A and DV act cases lodged without husband as respondent

Hello Sir/Madam,

My Brother and his wife conspired together to harass money and property from my mother. 
My brother wife lodged false 489a and dv act cases(without husband as respondent-my brother) against my mother, me and my wife.
Police have lodged FIR and Charge sheet filed to court without any investigation against me, my mother and my wife.

Status of cases in court :
498a  - Charged status
DV act - Cross of plaintiff(my brother wife)

Sir/madam please help me to overcome this dark side and utterly misuse of 498a and dv act cases.
And also please help me what action i can take against my brother and his wife who ruined my mother health and career of me and my wife.

Thanks in advance,
Vivek
Asked 1 year ago in Family Law from Shimoga, Karnataka
Religion: Hindu
1) who is the owner of property ? 

2) if mother is absolute owner she can issue legal notice to son and daughter in law to vacate the house 

3) if they refuse mother can move court and obtain injunction restraining son and daughter in law from disturbing her peaceful possession and obtain orders to direct them to vacate the portion of house in their possession 

4) contest 498A and DV case on merits 

5) 80 per cent of 498A class end in acquittal 
Ajay Sethi
Advocate, Mumbai
23165 Answers
1216 Consultations
5.0 on 5.0
Hi, you can file a petition before the Hon'ble Hight court for quash the FIR as due to personal vendetta she has lodge a police complaint.

2. Secondly as per the direction of the Hon'ble Supreme Court the police first verify the genuineness of the Complaint and then only they will have to register the case.

3. First you and your mother has to obtain anticipatory bail and  then file a petition for quashing the FIR in the High court.

 
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
First of all you have to challenge the false cases and get out of them successfully and then decide about consequential action against them.
The non-inclusion of her husband in all such cases is an advantage to you.
Follow it up closely through your advocate.
Not observing the rules by the police is another advantageous situation for you.
T Kalaiselvan
Advocate, Vellore
13964 Answers
127 Consultations
5.0 on 5.0
Contest 498A and DV cases on merits .
Crossed the complaint ( brother wife) and bring the evidence in favour of you which is against the allegations leveled against you in the complaint.If needed give evidence with the help of independent witness from your side.The non-inclusion of her husband is an advantage to you. If the property is in your mothers name issue legal notice to son and daughter in law to vacate the house.
Ajay N S
Advocate, Ernakulam
1911 Answers
19 Consultations
5.0 on 5.0
1. It is legally permissible to file a 498A against the in-laws alone. There is no provision of law which commands that husband is also to be made a party.

2. Your parents should contest the case on merits to prove their innocence in the court. There is no other way forward.

3. Unless you have specific evidence to prove the conspiracy by your brother and his wife you cannot proceed against them.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0

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