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prakash (Manager)     12 April 2010

Repeated stay order

My wife has filed 498a/406 against me and my family. I am an NRI. But my family lives in India. My parents have applied for AB and three times they have been given stay order. The session court is not even refusing so that we can approach the HC. They are keeping my parents as a bargaining chip for me to appear before the court. Though i have not yet moved my AB application. Is there a way out of this. Please reply

 



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 2 Replies

Dharmesh Manjeshwar (Advocate/Lawyer)     12 April 2010

Hi Prakash ... Ur parents have been given interim relief by way of not to arrest which is being extended from time to time ... it could be that ur advocate has given an oral /written undertaking that u'd present urself before the court and/or police station .... For U to file an AB application ... u'll have to be present before the Court ....

406 denotes that she has could have claimed her stridhan also .... If it is so advisable that ur family return it back to her during the AB proceedings .... Since U are an NRI .... there are chances that once u come here ...hen u won't be able to go abroad .... It's a dead lock .... depends on u whether u'd like to be with ur parents and face the case or keep urself out of it ....

prakash (Manager)     12 April 2010

Thanks a lot for the reply. I will check with my advocate and it seems he must have given such commitment.  For now my only concern is the bail for my parents. And i am not clear hot to go about it. Is it that if i don't come to India then they will not get a AB


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