How to save from False 498A case
2 years ago
My mother in law transferred 4 lakhs in my father account and 3 lakhs in my cousin brother account before marriage in 2013 for entire wedding arrangements held at my native place, purchase of furniture and washing machine, refrigerator and a house. We made all arrangements, purchased furniture washing machine refrigerator. In 2014 I bought a house with the name of my wife and installments are being paid from my account (Approx 10 lakh I have paid in installment for house). Now, wife had filed a complaint in police station and blaming that we paid 7 lakhs as dowry in account as demanded by them. Can I save me and my family for such allegation. If case registered, what are the chances to save me and my family. Can they book me in 498a or dp act 3/4
If your wife has filed a dowry case after 7 years then the case will be heard but other evidence and factors will be taken into consideration. Besides you can go for anticipatory bail and try to quash the FIR under the advice of your legal representative.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A dowry case can be filed at any time period of marriage however a specific period of 7 years is passed then the court will take into consideration the other factors and the evidence produced before the court. However, you should apply for anticipatory bail and try to quash the FIR with the help of your legal representative
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Since the complain has already been made to police so first thing is that you should apply for anticipatory bail in High Court or Court of Session and then think of getting the case quashed at High Court.
If case is registered directly approach High Court and engage a senior advocate and get the FIR quash since such complaint is lodged after 7 years of marriage. The conduct of the parties is more important as they were silent all these years.
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