Legal Question in Criminal Law in India
namaste sir, i had cntacted before also, my brother wife lodged 498a agenest all family members. my brother is abroad in dubai, he still not returned. she applied for divorcee case in family court also, later she came thro middle people and requested to free her thro khula divrcee, and in turn she agreed to withdraw all cases. she gave khula(divorcee from women) in writing in 100 bond paper wityh two witness from both side, first condition was that she will withdraw all cases agenest our family members, rest contain that we shud not claim children and she will never claim any maintenance and any property. yet she has not withdrawn cases as per her condition. she says since 498 is compndble , so my broth presence is must. she is asking us to call my brother from abroad. my QUESTION IS CAN WE SHOW THAT BOND PAPER IN COURT AS SHE HAS SIGNED, WILL IT HAVE ANY IMPORTANCE. shall we call our brother or not, please guide us. how will we proceed with this case, SHE GAVE CLEARLY IN BOND PAPER SHE HAS NO DEMANDS, CAN WE TRUST HER, IS IT POSSIBLE AFTER GIVING IN WRITING IF SHE TURN BACK ON MY BROTHER'S ARRIVAL, WE ARE confused as she has troubled our family for no reason. we are attending court still trial not started, she says she has no intrest in proceeding this case she want to withdraw.
1 Answer from Attorneys
in case the f.i.r. is to be quashed, the presence of your brother is not required. he may send a power of attorney in favour of any friend or relative.
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