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Dowry and others case, name Discharge is main case
18-Dec-2025 (In Divorce Law)
FIR has been registered on 2 Feb 2025, which included only husband name, chargesheet has been filed, which extended 6 relatives names. We all are about to get the bail.
Help need regarding name discharging application and whole trial.
Please tell me:
What is probability of name Discharge of distant relatives before trial?
Probability of discharging name of my parents?
How much time we can get in framing charges?
If you are in ghaziabad, please leave your contact no.
get the case challenged in the high court and get a stay over the case proceedings , specifically in matrimonial case the chances of proceeding stayed is very high as the supreme court in many cases has already iterated for the same
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Adv. Aakash Sharma
Adv. Aakash Sharma
Allahabad | 25+ Answers
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If the charge sheet does not contain any specific allegations or concrete evidence against distant relatives, there is a high probability that their names will be removed from the case before the trial begins. According to several Supreme Court judgments, implicating relatives without a solid basis is legally incorrect.
If your parents live separately or there is no direct evidence against them, there are strong legal grounds for them to be discharged as well.
The process of obtaining bail and hearing the discharge application can typically take 3 to 6 months. This depends on the court proceedings and the arguments presented by the lawyers.
Difference between FIR and Charge Sheet: It is a common practice that during the police investigation, the police may add the names of other people besides those mentioned in the FIR to the charge sheet, but it is mandatory to prove their involvement in court.
You should immediately file a discharge application through an experienced lawyer under Section 250 BNSS (formerly Section 227 CrPC). This application should clearly state that the relatives have no role in this case.
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Adv. Manish Mishra
Adv. Manish Mishra
Varanasi / Banaras | 25+ Answers
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You should have challenged this FIR in Allahabad High Court. It often happens that except the husband, everyone else is granted a stay by the Allahabad High Court.
There are very few chances of removing the name in the discharge application. Once the charge is framed, it becomes very difficult to stay by the High Court.
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Adv. Ajay Kumar Kashyap
Adv. Ajay Kumar Kashyap
Allahabad | 50+ Answers
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if you are relative then you can move to high court and supreme court various rulings are available if you want relief in aforementioned matter then you can contact me because i need more information to help you so you can contact me then i can help you in better way.
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Adv. Ankit Singh
Adv. Ankit Singh
Allahabad | 100+ Answers
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Distant relatives: strong chance of discharge if allegations are vague.
Parents: case-specific; discharge possible if no specific role is shown.
Framing of charge: limited time; prepare strong written submissions highlighting contradictions, absence of role, and misuse of process
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Adv. Servesh Mishra
Adv. Servesh Mishra
Lucknow | 25+ Answers
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