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To appear in court for 498 A without any court notice how to proceed
13-Aug-2023 (In Criminal Law)
My brother is married to a girl from Lucknow 6 months back and he is working at Pune. Immediately after marriage ,he noticed that his newly married wife is mentally sick ,giving physical & mental torture to him and become unbearable to continue this relation. For last 4 months, they are separated & his wife is living at Lucknow . Now my brother came to know via some reliable resource that she has filed a case under Section 498 A,34 & Dowry prohibition Act 3,4 against him but no FIR in Police station. He has not received any court notice regarding this case. Now my questions are as this case is registered 4 months back and the first hearing date is already over 1. Should it be notified as false case? 2. Whether he should attend the court on the second hearing date?
She might have filed case in Court directly and hence no FIR ...!
Without having more info, you can not presume that it is a false case..
You have come to know that first hearing is already over then please make sure to attend on the next date.
Appoint Advocate and make application to the Court to dismiss the case on the basis of the facts of the case.
Without having more info, you can not presume that it is a false case..
You have come to know that first hearing is already over then please make sure to attend on the next date.
Appoint Advocate and make application to the Court to dismiss the case on the basis of the facts of the case.
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Adv. Namitabh Kothari
Mumbai | 400+ Answers
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First date does not disclose about the merit of the case secondly if the complaint is filed before the magistrates court then it has few procedures to follow before issuance of notice to you. You need to wait till you receive notice unless you receive notice don't appear coz there is always possibility that court may dismiss Thier complaint due lack of merit. If you will appear their work will get too easy.
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Adv. Ujwal Phasate
Nagpur | 100+ Answers
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