Legal Question in Family Law in India
I have lodged 498-a case against my husband , his sister and his brother-in-la(sister's husband) in 2007. As my husband and his brother-in-la reside in USA, the indian court issued NBW against them. his sister obtained bail from the indian court.she filed a quash petition in high court and left India with out informing the lower court or high court. she is now living with her husband in USA. indian lower court issued NBW against her. Now criminal proceedings and NBW's are pending against these three accused in indian court since 2 years. her quash petition is pending in high court since 2007. Now my husband's brother-in-la filed a quash petition and for a interium stay on the proceedings in high court recently. The high court granted interium stay for him for 2 months and issued notices to me in quash petition. I will contest the case. but i have a question.
my husband's brother-in-la sponsered USA visa to his wife who is also accused person in the case and living with her in USA since 2007. As she is holding dependent visa , she can stay in USA as long as her husband live in USA.
if the high court quash the proceedings against him in the case, then she does not come to india. they do not have intention to come to india. but it is learnt that the passport office sent letters to them to impound their passports based on pending criminal proceedings against them. that's why my husband's brother-in-la filed for quash and stay.
it is learnt that the high court is quashing easily in 498-a cases.
can I file a petition in high court to direct the my husband's brother-in-la to produce his wife in indian court (he is the one who sponsered dependent visa to his wife and took her to USA and living with her)? is it possible to file this type of peition in high court seeking direction?
in this case, do the high court quash the proceedings against my husband's brother-in-la?
pls advise me. I am really worried about this. b'coz these three accused are not coming to india to face the trail since 2 years.
3 Answers from Attorneys
I can tell the exact picture of court view but first plz tell me your location and other detail of marriage and family memebers of your inlaws family, coz as per supreme court judgement, the married sister living in different place cannot involved in the 498-A cases and it is every likelhood that your sister in law and her husband will be succed in quashing but if you persue the case properly though an effecient counsel and defend both the cases properly only then you may succed. Furhter you can file the petition as you require but not in the way you discribe else it will be dismissed.
Your further clarification is welcome at nominal fee at;
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With Regards
first you need to mention in which high court your petitions are pending and what is the status of quashing petition filed by the sister. secondly, in case the sister left for US without informing the court, its a serious negligence and the court can issue the proclamation against her and after the declaration of PO, her property in india can be attached and she can be arrested by anyone.
the courts are not liberal in quashing 498a f.i.r.s unless the f.i.r itself does not make out an offence. moreover it depends upon your lawyer and the judge as well.
You may file the proposed petition; you may also oppose the quashing petition filed in high court; the courts are not lightly taking 498-A nor the complaints are being easily quashed; it is a wrong notion.
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