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Wife filed 498a on family but sister stays out of india
03-Sep-2025 (In Divorce Law)
Sir,. My wife does stay with me since 1.5 year and now she has filed fir 498a on me. My mom and my yonger sister. Sister stays out of India.. Police harassing me that sister must present at thr time of filing chargesheet and bail in the court. She has 2 little kids. Pls tell me solution if I can avoid her to come india
She can avoid coming to India. You have state in Court that sister is not in India and that she cannot be present. However, all conditions in respect of bail will be met and suitable conditions may be set. Based on order, further steps can be decided.
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Adv. Keyur Kulkarni
Adv. Keyur Kulkarni
Mumbai | 100+ Answers
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In FIR 498A cases, mere registration does not mandate your sister’s personal presence if she is residing abroad. She can be represented through counsel and seek exemption under Section 205 CrPC. Affidavit/representation regarding her residence and dependent children can be filed. Police cannot compel her to travel to India at charge-sheet stage. At the time of bail/appearance, your mother and you can apply; your sister may seek anticipatory bail or regular bail through vakalatnama and application without personal attendance. If allegations are omnibus/vague, you may also consider a quashing petition under Section 482 CrPC before the High Court to protect your sister.
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Adv. Abhinav A. Bhatkar
Adv. Abhinav A. Bhatkar
Mumbai | 100+ Answers
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If your sister is saying out of India file an application before high court for quashing of the FIR and get stay order of the trial against the both mom and the sister, if you are appearing in mm court you will be required to get bail at the time of the appearance during the filing of chargesheet in the court.
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Adv. Moksh Jain
Adv. Moksh Jain
Mumbai | 100+ Answers
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If your sister is staying out of India then she need not come personally to the Police station. For filing chargesheet your sister is not required to appear at all. Feel free to contact me for seeking any legal advice as regards the same.
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Adv. Prerna Shukla
Adv. Prerna Shukla
Mumbai | 700+ Answers
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The law does not mandate that every accused relative living abroad must immediately come to India at the stage of investigation or filing chargesheet. The Supreme Court has repeatedly cautioned against mechanically roping in distant relatives and has held that arrest and appearance must be guided by necessity and evidence, not harassment. If your younger sister lives abroad with two minor children, the correct procedure is: (1) your lawyer can immediately file an anticipatory bail / regular bail application for all accused (including your sister) in the Sessions Court or High Court; (2) your sister can execute a Vakalatnama in favour of your advocate in India and can also file an exemption application under Section 205 CrPC, requesting the court to dispense with her personal presence during proceedings, citing residence abroad and dependent children; (3) at the stage of investigation, your sister can provide a written statement, passport/residence proof, and cooperate digitally, instead of physical appearance, unless the Court specifically directs otherwise. You should also consider moving the High Court for quashing of proceedings if there is no direct allegation against your sister or if the FIR appears vague/general against her.
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Adv. Sanil Sarkar
Adv. Sanil Sarkar
Navi Mumbai | 100+ Answers
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