Legal Question in Family Law in India

My nephew's wife left his house without any indication and all efforts to get her back from her parents went futile. One day morning she filed 498A in the locality police station that at around 7.30 am she was thrown out of the house and beaten for which she produced a medical certificate from a Government Medical Hospital. She was not at home for two weeks and did not come to my nephew and there was no such incidence of throwing her out or beating her. My nephew and his parents are too nice and loved this girl to say. The police called the family next morning at 6 am and produced my nephew to the court. All my appeals to get the complainant to examine her injuries as stated in the complaint were ignored by the police. The boy was bailed out next day and the case is going on.

Kindly advise whether the police were right in not calling the complainant to prove the (false) injuries. We even pleaded to get her phone calls traced during that time since she had written that she called her friends, parents etc from the street. All our requests were ignored and on the contrary we were threatened that the entire family would be picked if we make noise.


Asked on 5/09/12, 10:17 pm

2 Answers from Attorneys
Santosh Dash Legal Consultant

Please understand sec 498a compliant cause arrest and you need to be produced before the court within 24 hrs as per the rule. I agree with the police and it is not possible to follow what you are telling. In case it is proved that the girl was false, you can recharge them for filing ficticitous compliant

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Answered on 5/10/12, 4:24 am
ranganathan raghavachari R.Ranganathan & Associates

You have to defend yourself properly through a good advocate and prove your side. Just because a case has been filed you don't worry when you are not at fault.

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Answered on 5/10/12, 10:28 am


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