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Relief for old and ailing mother if case filed u/s 498A against her
30-Jul-2023 (In Family Law)
My wife has included the name of my mother,bhaiya and bhabhi as well in false 498A case. police has filed final report but summon is issued by lower court. My mother is 78 years old. She is bed ridden. She has gone through an heart failure as well in past and a patient of heart disease. She was not living separately with my father. it is quite difficult to get the quashing order in 482 from high court. I want to know what relief can be given to her from high court to keep her away from court proceedings as it may be dangerous for her life.
Dear,
In a famous case of 'Preeti Gupta Vs. State of Jharkhand' it was ordered by the Hon'ble Supreme Court that the entire family of the Husband should not be harassed only on the basis of Fir or Police report. You should get the relief from the High Court easily on the basis of the age of your mother.
Or You can challenge the Charge Sheet submitted the Police in Lower Court as well as in High Court.
In a famous case of 'Preeti Gupta Vs. State of Jharkhand' it was ordered by the Hon'ble Supreme Court that the entire family of the Husband should not be harassed only on the basis of Fir or Police report. You should get the relief from the High Court easily on the basis of the age of your mother.
Or You can challenge the Charge Sheet submitted the Police in Lower Court as well as in High Court.
Helpful?
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Adv. Anurag Garg
Ghaziabad | 25+ Answers
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You will have to obtain a stay arrest order from the high Court for your mother depicting before it that she was not at all concerned with the issue and was made a party in the 498-a case just so that she is harassed. The court should interfere in the matter. Best luck!
Helpful?
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Hello,
I understand your query, however in such cases you can approach the Hon'ble High Court against the summoning order passed by the Ld. Lower Court, requesting thereby that the summoning order that have been passed are illegal and arbitrary. In addition to which you can pray to the High Court that till the disposal of the case no coercive measure is taken against the accused. Let me know if I can be of any help.
Thanks and Regards
I understand your query, however in such cases you can approach the Hon'ble High Court against the summoning order passed by the Ld. Lower Court, requesting thereby that the summoning order that have been passed are illegal and arbitrary. In addition to which you can pray to the High Court that till the disposal of the case no coercive measure is taken against the accused. Let me know if I can be of any help.
Thanks and Regards
Helpful?
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Adv. Anilesh Tewari
Lucknow | 200+ Answers
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