Legal Question in Family Law in India

As per my previous quesiton. i saw few responses from atonmy members. still i have clarification

if she already filed 498a/406 cases, i got the bail almost 3yrs back.and she left the house almost 3.5ys back.

what is the sections she have again rights to file criminal case?(already she filed DVC case also)

there is not limitation to file the criminal cases?(already filed 498a/406 cases) after 3yrs also...

Hi, i have few clarification

My brother marriage was happen march 2008 after 2 months she left the home and we sent legal notice to invite her to home. Then she filed DVC case in sep 2008 and then she filed march 2009 498a and 406 cases. Still all this cases are going in progress.

Now my bother wife father(almost 3.5 yrs) blackmailing and asking huge amount other wise again i will file criminal cases like that he saying.

My clarification:

1)is their any chance to file again any criminal cases to my family members almost after 3.5 yrs? if its their what we can do before that.?


Asked on 5/15/11, 5:42 pm

5 Answers from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

They are not going to file any Dowry case against you and your family because that case is already subjudice and pending before court adjudication but they can file any false case against you , even after 3 or 5 years later by showing a cause of action happened just few day back. You cant stop them to file a criminal cases against you that too false ones .

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Answered on 5/15/11, 8:24 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

matrimonial offences are continuing offences in nature and the complaint may be filed by the gap of over 3 years may help you building a good defence. you may also file an application u/s 468 of criminal procedure code.

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Answered on 5/15/11, 10:33 pm
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

yes, the case becomes weak in case prompt action is not taken.

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Answered on 5/15/11, 10:51 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

replied

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Answered on 5/15/11, 11:30 pm
Professor SOMNATH MUKHERJEE MUKHERJEE ASSOCIATES(Cell +91 9874753359/ 9477781578)

it is a very good ground for getting the divorce. most probably she has no other sections to file a criminal case against you.if you face any other problem then you call me in my number 09874753359

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Answered on 5/16/11, 8:26 am


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