Legal Question in Family Law in India

clarification 498a

Hi,

My wife filed a dvc case, still the case was going to the lower court, for this time if the judgement will not get favourable to her, again she planning file 498a case to my family members. for this situation a)how i can take pre action to escaspe 498a case(she left from my house almost 11 months)b)what is the maximum time limit to file 498a cases.


Asked on 12/17/08, 11:39 am

5 Answers from Attorneys

Nandita Haldipur Haldipur Associates

Re: clarification 498a

there is no time limit for filing dowry case. you can take anticiaptory bail

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Answered on 12/18/08, 11:34 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: clarification 498a

There is no time limit for filing a criminal complaint u/s 498A of IPC. Your wife is entitled to make a complaint even now. The only method to escape this kind of a problem is : OUT OF COURT SETTLEMENT AND COMPROMISE THE ENTIRE DISPUTE.

It may be better to avoid litigation and police action.

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Answered on 12/17/08, 9:17 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: clarification 498a

in case your divorce case is already pending and during pendency of the same she is also filing a 498a, procuring the anticipatory bail would not be a problem but u need to move the application the moment you receive your first summons from women cell.

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Answered on 12/17/08, 11:38 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: clarification 498a

She cannot file 498A second time as if she files you can show the present court's judgement if favourable to you and get the case quashed/dismiss.

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Answered on 12/20/08, 10:36 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: clarification 498a

Hello.

First advise avoid litigation and go for an out of court settlement and compromise with the dispute.

Secondly, your file can file a complaint as there is no time limit to file a criminal complaint u/s. 498A of IPC.

In case of need please contact personally.

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Answered on 12/18/08, 3:20 am


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