Legal Question in Criminal Law in India

498A and DV

My brother's wife has filed a 498A and DV case against our whole family of 5 (including 3 women in DV also) when she has never stayed with 4 out of these 5 people..and her total marriage with my brother was for 12 days, out of which 10 days were a honeymoon in a foreign country.

We are facing severe extortion demands and threats from her family.

Is this kind of DV also maintainable in India??...our case is of another KAUSER..Also, v hav all proofs that she never stayed with us and no streedhan is involved, still she claims an exorbitant list of items as stridhan, doesnt law require any proofs from her at all??..v are being forced to accept quietly all she wants but when she has not stayed with us even for a single day, is there no option given to us by law??

Three women of my family are being tortured and slowly being murdered (by law) for a liar who happens to be an LLB too, do v hav any legal rights to protect us?


Asked on 4/13/09, 12:33 pm

6 Answers from Attorneys
Yanala LaknaReddy Law towers

Re: 498A and DV

You are having evry right to protect yourself and your family from misuse and abuse of law. consult any Criminal Layer at your place. He will look after the things.

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Answered on 4/14/09, 7:35 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: 498A and DV

You could still be 'recipient' of her 'istridhan' even if she did not live with the family or that the marriage lasted only for 12 days.

It may better to work out an amicable out of court settlement instead of multiplying litigation.

Merely because she did not live with you, the 'Quashing' of proceedings may be difficult.

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Answered on 4/14/09, 9:29 pm
Pranav Desai PD Legal & Associates

Re: 498A and DV

Well!!! approach a competent lawyer who will be able to assist you.

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Answered on 4/15/09, 5:25 am
Shrichand Nahar S.V.Nahar, Advocate

Re: 498A and DV

If there is no prima facie case, you can approach the high court for quashing.

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Answered on 4/14/09, 3:14 am
KLA RANU RANU LAW ASSOCIATES

Re: 498A and DV

approach High Court U/S 482 and get the entire proceedings quashed.

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Answered on 4/14/09, 4:30 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: 498A and DV

you can prove the same in court

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Answered on 4/15/09, 8:31 am


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