Accused in false 498a
Long Story short, My brother has bad marital relationship(love marriage , dont know when he got married also) with his wife and wanted to change the behavior as she was muting out mental torture. Both parents has made attempts through mediation( elders, lawyers). In every mediation she threatened my brother about dragging him to court , police etc .,
The day before a police mediation happened including DSP, SI far from our home town at a family counselling center, Even that was unsuccessful and at the end of the mediation she has put a 498A on him and attached all the family , relatives, extended relatives who ever she knows on our side. Police seems like acted on behalf of them and arrested my brother immediately a bail was posted next day(not sure what was violated in Section 41 CrPc).
All the allegations are false and she also knows it, Earlier mediation are all about money like how much he is willing to give to her to end the marriage. But as my brother dont own any thing and what father has is his acquired not inherited they were not able to extort any thing.
she has attached me as well in the case(FIR) stating that i am forcing her to give divorce to my brother and executing mental torture by phone calls/mails/message as i am in US for last 18 months and have no contact even before that(total of 3 years). she has no evidence about any of the allegations like (illicit relationship, mental torture blahhh blahh) & my pressure .
I see that 498A is a non-bailable warrant and acts biased against husbands end. i dont want to get arrested in airport after landing for a visit :)
As per the lawyer's FIR/chargesheet will take atleast 3 months to move to court,
Can i have a separate council to proceed further even before that to remove my name from
FIR/Chargesheet as these allegations are false ?
What are the evidence that i need to provide to the court about the same ?
Can i ask counter party to submit the evidence/exhibit for examination ?
I wanted to remove my name from this so that legal battle will be 1-1 rather than the whole family
Please advice on next steps
If the case is quashed against my name and it is succesfull, Can i file a Civil / Criminal defamation case against other party ?
What about preventive injunction so that those guys should never come near our home as the main motive seems to be extorting money ?