Legal Question in Family Law in India

what to do for a case under section 498a of Indian Penal Code

My brother got married last year. The marriage venue was a third city � neither our residence nor the brides residence. She came to our home and stayed with us for 4 days. She had to return to attend her B.Ed classes. She promised to return during winter vacations but then again to go back after 5 days to complete her B.Ed till July end exams. However when we called up near the winter vacations the girl and her family refused to send her saying why go for 5 days and then return back for such a far off place. We spoke to many of their relatives to resolve but to no avail, it seemed no one wanted to intrude and they had schemed together. July also we tried to find if exams were over and when should we send for her but they started abusing us and finally after many tries with relatives and people, our lawyer suggested to send a letter for conjugal rights however they did not respond to the letter but filed a section 498a case against us in the court of their residence after receiving our letter Now in an informal meeting they have asked for a big amount of money from us to resolve the case against us. Please suggest what to do. Kindly keep this mail confidential & suggest what to do. which jurisdiction does this case fall in


Asked on 12/20/08, 5:53 am

3 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: what to do for a case under section 498a of Indian Penal Code

You had written a similar statement before mentioning that the girl side is demanding Rs.7.00 lacs for a compromise.

As advised earlier, you may better consider a compromise with the help / intervention of family friends / elders and try to avoid litigation.

A case may, however, be filed either in the area where the 'parties last resided together' as husband and wife; or where the opposite party is living at present.

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Answered on 12/20/08, 8:09 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: what to do for a case under section 498a of Indian Penal Code

Already replied.

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Answered on 12/22/08, 2:40 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: what to do for a case under section 498a of Indian Penal Code

If nearby contact personally.

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Answered on 12/20/08, 9:43 am


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