Legal Question in Family Law in India

498a query

Currently i am in USA on H1B.My wife has filed 498a against me in India.Do i have to appear every hearing of the court or only during the time of evidence?


Asked on 1/15/09, 12:27 pm

4 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: 498a query

you can appear and apply for exemption to the court.

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Answered on 1/16/09, 10:27 am
Vishwa Arya Arya & Co.

Re: 498a query

This is a criminal matter. Yes, you will have to appear on every hearing in such matters unless the court has exempted you from appearance. The grant of exemption depends upon the facts and circumstances of each case.

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Answered on 1/15/09, 12:33 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: 498a query

An accused is required to appear first before the police to join investigation. After the police files charge sheet against the accused in court, the accused may be required to appear on every date fixed which is normally once in every month.

A 498-A allegation is considered quite serious offence in India.

You may better consider reaching an amicable settlement with your wife to avoid unwarranted litigation, time and costs.

The possibility of a jail term cannot be ruled out.

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Answered on 1/15/09, 4:29 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: 498a query

u may hire the services of a lawyer and appoint an attorney on your behalf and seek permanent exemption from appearance.

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Answered on 1/15/09, 11:50 pm


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