Hi sir, My brother married software engineer (Infosys) at 2010 but they lived together only 4 months in US n she came back India to proceed her job at Hyderabad n stayed for more than a year without speaking n contacting my brother n with my family but we approached her lot of times.After a year she has come n stayed one day with us n went back Hyderabad n filed 498a case against my brother n everyone in my family in 2012. My second brother got arrested n later a week we all came out from this problem. But, my brother left US life n working in a one of the district in Tamil nadu which is far from Chennai n nw one of their family member came for asking us money to come out mutually at Hyderabad. Divorce case is transferred to Bangalore n 498a case going in Hyderabad. We the family members n brother lost everything n suffering alot n also we said ok to them but they said 1st close Bangalore case then we sign at Hyderabad but that person said lady wil only attend for Bangalore case .. always changing their words n playing with my brother life how much v can tolerate ...v came to know that bloody lady got married n living at us. As a girl I feel very bad about girls attitude. I'm worried abt my brother alot still he is alone getting 36 age. Hyderabad highcourt judge said we 6 family members al should attend hearing which is coming next week. My parents senior citizens unabl to come. They hav asked money n v agreed n we applied loan also....but y they r not coming fwd to close this case. Plzzzzzz advise hw can I save my brother life from that criminal family. My brother tried to attend suicide also bcoz of this tension.
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1) if your brother wife has remarried during subsistence of earlkier marriage your brother can file case of bigamy against her under section 494 of IPC
2) if case is not settled accused has to attend court
3) if your parents are old and unable to attend court apply for exemption from personal appearance
4) enclose medical certifcate regarding their medical condition
5) if any settlment is arrived at with complainant in 498A case file for quashing in HC
Dear Querist
First of all, try to execute a MOU with her and mentioned all the terms and conditions in the MOU.
After execution of MOU file a divorce case and file quashing petition before high court regarding 498A case under section 482 of cr.p.c.
All payment should be given through cheque or D.D.
Feel free to call
1. Once the criminal case is filed the accused has to either face the trial to prove his innocence or move the High Court for the quashing of the FIR. So those who have been named in the FIR should prosecute their defence.
2. Since your parents are unable to appear personally before the court they may apply to the Hyderabad HC to relax the condition. The HC may exempt them from personal appearance if sufficient reasons are shown.
The 498a case cannot be closed even if they are willing to withdraw the same.
It i not compoundable hence trial has to be conducted in the same before the court competent.
Therefore instead of talking to them out of court for settlement, you may decide to contest the case and get acquitted
