498a, 307 false allegation
avinash
(Querist) 31 May 2014
This query is : Resolved
Dear Sir/s,
The marriage was happened 2.5 years ago, the groom got chronic kidney disease just 7 month ago, before that there was no such problem. The bride is not ready to live with groom & take care of him because of strict food intake suggested by doctor and demanded for heavy compensation.
The bride family filled false 498a, 307, 120B & DP act sec-3&4 before CJM u/s 156(3)
there is concrete proof against all these. How long will it to get Anticipatory bail for family & for the groom. please help to let us know the process to get the AB at the earliest.
Devajyoti Barman
(Expert) 31 May 2014
The time of taking AB differs from state to state, court to court.
In state of WB, the AB petition is heard within a month both in sessions court and high court as well.
Apply for AB if in laws first and for the husband at the very last.
avinash
(Querist) 31 May 2014
Dear Sir,
Please advice is the following statement true, can the accused moved the high court of any state directly if the case is filed in another state:-
In the very important judgements by Hon.supreme court in "Amrawati v/s State" and "Lal kamlendra pratap singh v/s State" lots of important decisions taken and one of them is that "If the accused person surrender himsellf before the court alongwith his bail application,either his bail application disposed of same day and if not possible to the same day,he must not be sent to the jail unnecessory and released on the personal bond till the disposal of the bail application".
So inspite of praying for the anticipatory bail u/s436 cr.p.c., it will be more better, easy and time saving that pray before the high court of any state to pass the direction to the court concern to disposed of the bail application expidiously and in the light of the findings of "state v/s Amrawati" and "State v/s Lal kamlendra pratap singh". By the way,the harashment of the police as well as the wife side can be minimised.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 31 May 2014
It seems that you have studied law more than and ordinary advocate.
The case law state by you is for STATE OF UP where there is no provision of AB.
You have to move the AB application in the district where FIR is given.
Direct going to HC does not work always unless there is an expert defense advocate.
Sudhir Kumar, Advocate
(Expert) 31 May 2014
you say there is no dowry issue. why at all a chronic kidney patient was to be married?
only to harvest dowry before he dies?
Sudhir Kumar, Advocate
(Expert) 31 May 2014
repeated
http://www.lawyersclubindia.com/experts/false-allegation-sec-498A-466911.asp
Raj Kumar Makkad
(Expert) 01 June 2014
If repeated then why so long replies by many experts?
Devajyoti Barman
(Expert) 01 June 2014
you want solution or discussion on your query.
avinash
(Querist) 01 June 2014
Dear sir,
I want to repeat that there is no dowry demand by the groom side and there is sufficient proof of the same.
And about the chronic kidney diseases, it is not diagnosable at early stage, it is identified only at very late stage and that is also suddenly, this may be asked to any medical experts.
No body knowns about future, if the groom knows that this will happen to him, he will never give birth to a baby to spoil its future and to be a fatherless baby.
The psychology of the present society can't be related to archaic society. Today everyone wants to be happy and do not want to serve or waste his/her time for others. Why a girl wants to live with a diseased person who needs lots of regulated diets & care and also to cook food separately for herself being a nuclear family, and also if the present society has lots of option for second marraiges?
Also, the present bridal society has lots of legal tools to fulfill its illegal demands. I request the experts should consider the present society condition and give its advice accordingly instead of making assumptions.
