498 a
vijay
(Querist) 14 March 2013
This query is : Resolved
My wife has filed a false FIR aganist me and my parents u/s 323/342/354/54. She has sent me and my father to police custdy. We are police bail. Now she is entangle us in 498a/406 cases. She has filed a false complaint in women cell. Two dates have been over. Now my wife is coming for compromise and she want to come back again to my family. Me and my parents have got Notice bail from the court. We both are divorcee. We did marriage dowryless. I have the paper cutting. I dont want to call her back. Sir if i will Section 10 aganist her. What kind of difficulties will come in the women cell or in the court. Will me or my parents get Anticipatory bail easily. Kindly help
Advocate M.Bhadra
(Expert) 14 March 2013
What do mean sec.10?
The Hindu Marriage Act,1955
9. Restitution of conjugal rights.-
1[***] When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.
The Special Marriage Act, 1954
22. Restitution of conjugal rights
When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply by petition to the district court for restitution of conjugal rights, and the court, on being satisfied of the truth of the statements made in such petition, and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.
If you file a suit for Restitution of Conjugal Right there is no benefit for getting bail from a case u/sec.498a IPC.
vijay
(Querist) 14 March 2013
if i file a divorce petition aganist her. What will be the consequences. Will husband and parents get the AB easily in 498a.
Raj Kumar Makkad
(Expert) 14 March 2013
Bhadra! perhaps you have missed to note that the querist has sought opinion over section 10 of HMA and not on 9. He wants to seek judicial separation instead of restitution of conjugal rights so that he may after the separation of two years may file a petition seeking divorce.
In the given facts, none can anticipate anticipatory bail especially when you both are already facing a criminal case in the hands of your wife which if seen in the light of subsequent facts and present scenario of woman rights so try to come to a compromise and file MCD.
Raj Kumar Makkad
(Expert) 14 March 2013
There is no guarantee to seek bail easily on filing of the divorce petition. As you both performed second marriage without dowry and this news had also been published in news-papers then it shall become a god ground seeking AB.
ajay sethi
(Expert) 14 March 2013
well advised by makkad
