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Can girls father file 498a complaint on behalf of girl without consent
03-Feb-2023 (In Criminal Law)
Son is in USA. Got divorced in USA by mutual constant. gave her $25000. Father filed 498a against boy and parents without any complaint or any other paper signed by girl. Girl visited India for a month before filing the case. She never visited her in laws house after marriage. parents got the bail from the trial court. The trial court has fixed the charges. After the charges filed a application for quashing the FIR in High court. proceedings in the trial court have been stayed by the High court. I want to ask that a father has a right to file the case without the girl's complaint. What r the chances of quashing the FIR after the divorce in USA. In USA agreement she wrote that Indian settlement is not including in this settlement and the boy wrote that this does not exist. Pl. suggest.
Yes , father has right to file a case under 498A of IPC . Be very careful and collect all evidences proving divorce already obtained in USA. Also collect evidences proving that neither son nor any other person of your family demanded dowry or harassed her for the same.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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This could only get clear when the written settlement is available before us so as to say anything about the terms of the settlement. A womans husband has no locus to file the complaint as he is not the one aggrieved
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Adv. Shobhit Bhatia
Delhi | 100+ Answers
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I have read and understood your query and shall be able to address your concern as I specialise in civil and matrimonial laws. However I shall be needing certain more details pertaining to your case so as to guide you well.
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Adv. Anish Roy
Delhi | 100+ Answers
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If the marriage is solemnized in India, divorce can not take place in the USA. Any such settlement does not has the binding force upon the courts in India. FIR should be quashed by high court but if the girl's father shows that the complaint was filed by him because his daughter was not fit state of mind to take decision on her own then quashing petition will be dismissed. Proceed properly. Revert me. All the best.
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Adv. Atul Patni
Delhi | 200+ Answers
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498a can be filed by her father or relatives also.The chances of quashing the FIR is very high as both have got divorced from the court of USA by mutual consent. Now thing is to be seen here is what is the statement of girl before the USA court while seeking divorce.If the settlement is signed by both the parties it is binding upon Both.
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Adv. Anees Ahamad
Delhi | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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