Legal Question in Family Law in India
My wife has filed the case u/s 498-A against me and my family (father, mother, sister and sister in law)
At the time of argument on charge
Magistrate wrote as it is FIR and nothing about our defense based on arguments and documentation proofs and said that she will charge all of us on the next date
But before the next date, we filed an appeal in session court to discharge my patents and sister's family
We again submit our defense i.e
the Medical reports of my wife , Statement of eyewitness taken by I .O , Judgments of supreme court and high court and moreover the statements of the girl is highly contradictory and impractical , Police investigation report in which it is clearly written that no evidence found against family person and accused is only the husband so police is not filing bail bonds of family members, My sister was already married 8 yrs before my marriage and she is living separately.
But judge dismiss our petition on 21/8/2012 by stating that �Girl has made some allegation against the family members in FIR so family members cannot be discharge "
Now,
What should be my next course of action??
Should i wait till magistrate frame charge against us and then appeal against the order of magistrate
Or
Should I appeal before framing of charge in High court against the order of session court..??
What is the maximum time period for next appeal .
2 Answers from Attorneys
you may file a petition for quashing of FIR in the High Court of Delhi but before that, you need to explain all the facts and circumstances of your case to your lawyer. when the charges are to be framed, the magistrate may not mention your defence in the charge as he is charging you based upon the FIR and Charge sheet.
i agree with Adv Gupta
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