Team Legistify | Legistify

Team Legistify
Answered on 18 Nov 2019

The court will hear the matter and the testimony on its own. So, the court may convict even if the Panchayat dismissed the testimony.Read More

Posted on 03 Sep 2019 | 1 Answer

Arshi Noor | Legistify

Arshi Noor
Answered on 16 Nov 2019

The Supreme court quoted that the sections under 498a and 406 under the Indian penal code are widely misused and for no reason, the husband and family members are prosecuted and jailed thereby tarnishing the reputation of the family the sections are exactly termed as legal terrorism. Below is a list of legal remedies that one can use for protection against section 498a IPC if a woman decides to misuse the law and threatens to register a false case against you for personal gains. Collect All Evidence & Documents: The first step in proving a false accusation would be to gather all substantial material elaborating well on the 498a case details. You must start collecting as much evidence as possible, which includes: Any conversation between you or your family member with your wife or her relatives like any SMS, emails, letters, call recordings, etc. Any evidence that proves that your wife moved willingly out of your house. Any evidence that shows no demands for dowry were made before or after the wedding Get an Anticipatory Bail: If you think your wife may file an FIR under Section 498A, hire a criminal defence lawyer and get an anticipatory bail to prevent yourself or your family member’s arrest. Anticipatory bail is like a precautionary bail in case police moves ahead to arrest you or your family members. You can file for anticipatory bail for protection against section 498a IPC case under Section 438 of CrPC. Get the 498a FIR Quashed: You can also get the false 498A FIR quashed by High Court under Section 482 of CrPC. Courts are generally reluctant to quash an FIR or interfere in the process of police, but if you have sufficient proof, the court has the power to quash the false 498A FIR filed by your wife. Consult a criminal lawyer in India to get a bail. File an FIR against your wife for false 498A complaint: You can also file an FIR against your wife for blackmailing or filing a false 498A case against you. Police in India usually do not favour such FIR, but if you make your case foolproof, the police cannot deny you to file an FIR against your wife. Get your complaint drafted by a good criminal lawyer so that the police cannot reject it on any grounds. If the police refuse to register your FIR, you can file a written complaint against the police officer, with the Superintendent of that police station. File a case for Restitution of Conjugal Rights: If your wife has left her matrimonial home and went back to live with her family, you can file a case for RCR i.e. restitution of conjugal rights against your wife under Section 9 of Hindu Marriage Act(2). You can mention all the terms and conditions that she’ll have to follow to start living with you once again. File a defamation case against false 498A case: You can also file a defamation case against your wife for maligning your image by filing a false 498A case against you. While fighting the 498a case, the duration of the case will depend largely on the evidence produced before the court and how efficiently your lawyer fights in the court representing your case Read More

Posted on 14 Nov 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 11 Nov 2019

Yes, the court will issue a warrant if you fail to appear before the court, or send a lawyer to appear on your behalf. However, if the court has specifically asked you to appear, you are liable to appear before it.Read More

Posted on 04 Sep 2019 | 1 Answer

Dhriti Dewan | Legistify

Dhriti Dewan
Answered on 02 Nov 2019

In such a case, the arrest of that person depends on the treaty that the respective country has signed with the country offender has flown to. In another case, if the other country the offender has flown to permits to extradite that person then arrest can take place.Read More

Posted on 20 Oct 2019 | 1 Answer

Advocate J. Johnson Thangiah | Legistify

Advocate J. Johnson Thangiah
Answered on 27 Oct 2019

Generally, under Section 482 of the CrPC, the jurisdictional High court can quash the FIR and the Apex court can quash it.Read More

Posted on 04 Sep 2019 | 2 Answers

Riya Chopra | Legistify

Riya Chopra
Answered on 08 Nov 2019

All the video as well as audio recordings are admissible only till the extent of section 65 B of the Indian Evidence Act and Evidence certificate is taken, else it is not admissible in court but even than the court can consider the contents of the same.Read More

Posted on 02 Sep 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 26 Oct 2019

Yes, a motion for bail can be filed when the accused is suffering from some form of disability. Hire a criminal lawyer in India to file a bail application.Read More

Posted on 04 Sep 2019 | 2 Answers

Team Legistify | Legistify

Team Legistify
Answered on 26 Oct 2019

An application can be filed in the court to quash the complaint. If the court is of the belief that the case must be dismissed, it will quash your sister's complaint.Read More

Posted on 09 Sep 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 20 Oct 2019

The court will issue summons and order the accused to appear before the court. If the person still does not appear, he/she would be termed as an absconder.Read More

Posted on 20 Sep 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 20 Oct 2019

You can file a defamation case against the boyfriend or file an FIR with the police. Since you are harassed by the man, you can ask the court to protect your identity in such case.Read More

Posted on 03 Aug 2019 | 1 Answer