Apni Law Staff asked 1 year ago
My son, living in the US, divorced his wife there. They agreed to a settlement where he paid her a sum, and she acknowledged that any Indian settlements were separate. However, his father filed a 498A case against him and his parents in India, even though the ex-wife never complained and never visited their home after the marriage. She only visited India for a short time before filing the case. The trial court granted bail, but charged them. They’ve filed to quash the FIR in the High Court, which has stayed the trial court proceedings. Can a father file this case without the daughter’s complaint? What are the chances of the FIR being quashed, especially since they are now divorced in the US? Please advise.
Best Answer
Apni Law Staff answered 1 year ago
In India, a father can file a 498A case against his son and in-laws even without the daughter’s direct complaint. However, the chances of quashing the FIR are high in this case due to the divorce in the US and the wife’s lack of complaint, especially if she acknowledged separate Indian settlements. The High Court’s stay on the trial court proceedings suggests the court is considering the merits of quashing the FIR.
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