Legal Question in Family Law in India
Hi,
My brothers wife has filed false 498A against my whole family including me and my cousin's parents.
She has been working for past 4-5 yrs in gurgaon. Mediation has been failed. She says she wants to go for trial. She said in mediation that she is going to quit her job in December as she is pregnant which I think is not true, she will be going for long term maternity leaves and thats all.
My question is if we go for trial, do we need to pay for her lawyer fees as well. If yes, what is the provision to appeal so that we dont have to pay for her lawyer fees.
This doesnt make sense becaue she can choose very costly lawyer which we have to pay....
pl. reply how can we prevent that situation.
4 Answers from Attorneys
So far as criminal complaint under 498A is concerned, there is no provision for which you have to pay for her litigation expense. No doubt she is the complainant but it is the state who is prosecuting you and family on her complaint. She would be merely a witness. 498A case will be taken up before the court by the government lawyer, which in criminal case, is public prosecutor, a government employee. In this trial, she cannot engage her own private lawyer. Under the law, you may object if her lawyer appears in the criminal trial. If her lawyer comes, her lawyer can at most speak to the public prosecutor and not address the court directly.
so far as litigation expenses are concerned, if there are any legal proceeding between husband and wife under Hindu Marriage Act, then alone she can claim lititgation expenses. Ofcourse, maintainence from husband is a seperate issue, which you are not even asking about.
I dont think so you need to pay anything to her as she is already working and earning.
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DEVANSH BHARDWAJ
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LUCKNOW
the lawyers fee would be paid according to the high court rules and not according to what she has paid.
All these issues will be decided by the court concerned at appropriate stage. You should prepare your defence properly; and meanwhile, make efforts for an amicable out of court settlement.