Legal Question in Family Law in India

My wife filed a case against me and all other family members under Sec 498A & 406 and DV act 2005 in April 2011. She left to USA on July 2011.

Now I am appearing all the hearing. She is not appearing. We prayed the court to send summons and court send the summon to the local address and the summon returned to the court.

After that we prayed the court to close the case. But Magistrate not closing the case and put on hearing for every 3 weeks.

Now my question is how to close the case. If we don't appear in the hearing court may issue arrest warrant against me and all other family members in 498 A & 406 case.

My lawyer says If we don't appear in the court for DV act 2005. Court may issue the arrest warrant. Is it true. Please let me know.

Thanks for your help.


Asked on 11/30/11, 9:57 pm

1 Answer from Attorneys
www.lawconcern.com S.Seshadri www.lawconcern.com

Without studying the Petitions filed by your wife it will be difficult to suggest a solution. Broadly you ( and your family) can seek discharge if you are able to demonstrate innocence U/s 498A and 406.

With regard to DV act, it is not clear whether you ( your family) have participated in the enquiry conducted by the Protection Officer. Again, you may demonstrate you ( and your family's ) innocence.

There are certain legal processes that can help you achieve protection from false and vexatious complaints. You may consult a lawyer with ALL the documents to get advice.

www.lawconcern.com

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Answered on 11/30/11, 10:08 pm


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