498a false case
arya
(Querist) 21 February 2012
This query is : Resolved
my wife & her family mamber warning us for a false case 498a dowry. Now they are almost ready for file a 498a case. If she file 498a What is the procedure of bail, & bail cost,& time.And what type of precaution we need.we already filed a police complaint in may'2010 against her& her family mamber.and my mother disowned my by legaly & public notice.
now what should we do.
Shyam Lal
Delhi
Ghanshyam Prasad
(Expert) 21 February 2012
Do,t be panic .you file divorce case on ground of desertion without delay.contact for more detail
Rajeev Kumar
(Expert) 21 February 2012
You can file divorce or RCR before filing the Case
Deepak Nair
(Expert) 21 February 2012
if any FIR is registered, you have to apply for anticipatory bail.
You can file the petiton for divorce on the ground of desertion as advised above.
You said that you filed a complaint in 2010. What was that complaint and what was the outcome?? Pleae provide details for proper answer.
arya
(Querist) 21 February 2012
complaint for threatning of false case of 498a.
Adv.R.P.Chugh
(Expert) 21 February 2012
Dear Querist,
Once 498a is pushed into action - you'd have to seek anticipatory bail to avoid being subjected to custody. In normal practice it is granted and only rarely refused. Registration of FIR is not necessary - Reasonable Apprehension of false case is. In case your matter proceeds in CAW Cell - then also you may seek anticipatory bail and normally court in such cases would ask the police officer to give you a 3 days working notice in case your arrest is required.
adv. rajeev ( rajoo )
(Expert) 21 February 2012
IF they filed case, you can apply for the Anticipatory bail in your dist.,
Advocate M.Bhadra
(Expert) 21 February 2012
You should first get information about the FIR if registered from Court or Police through your lawyer and left your place to avoid arrest then file a Petition u/sec.438 Cr.P.C.for anticipatory bail in District Court, failing which file a petition in High Court.After getting bail face the trial by proper defend,once bail granted it seems that you have won ninety per cent of the false case.Don't waste your time.Suit for Restitution of Conjugal Right or Divorce is not effective in this situation.
Sudhir Kumar, Advocate
(Expert) 21 February 2012
Mr Nair asked yu what is outcome of the complaint you made. It is important.
AB you hve to get.
Regarding filing of divorces or RCR be sure that the moment you do so the opposite party will put entire energy in getting your family jailed. Keep your armours ready for their attack and then move.
Raj Kumar Makkad
(Expert) 21 February 2012
I endorse the views of deepak, Bhdra, Chugh and sudhir.
Deepak Nair
(Expert) 22 February 2012
Still no reply from the querist.
arya
(Querist) 22 February 2012
1st complaint on 20th may’2011 against her & her family member for warning us for a false case
Of dowry. No result of this complaint. In June my mother disowned me legally.
From November ’2011 my wife staying with my mother's home.
and i am leaving in a rented room.
She abused & warning for a false case my family member regularly.
Now from 20-02-2012 my family member went in a rented room in other palace.
And she still leaving in my mother’s home.
Now they are ready for file 498a.
Now What should we do.
Deepak Nair
(Expert) 23 February 2012
If they file a case, then you need to apply for anticipatory bail which will be granted.
Thereafter, fight the case in the court in its merit. if the allegations raised by your wife are false, then she won't be able to prove them.
No further comments can be made unless the complete details are known, therefore, it is advised to contact a local lawyer who will do the needful for you.
Shonee Kapoor
(Expert) 24 February 2012
Don't file for RCR.
It has to be seen which state the lady belongs to guide the process of getting bail.
If the case is filed in Delhi, you need not worry at all.
Start attending SIFF meetings @ Patiala House court complex every saturday.
In case of any information regarding the same feel free to get in touch with the undersigned.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
