498a
Guest
(Querist) 31 October 2011
This query is : Resolved
My friend has filed 498A on husband and inlaws. But still they are not arrested. She is staying in police station itself till the case is not yet over. Her husband s absconded and in laws are in relatives home. Will they be arrested ?
ajay sethi
(Expert) 31 October 2011
police will conduct investigations . if they find primafacie case made out then only will they arrest any one .you can apply for anticpatory bail if you apprehend arrest
Sankaranarayanan
(Expert) 31 October 2011
what you mean still she is staying in police station?
IF any primafacie in her complaint then they arrest them , Mr sethi given that opinion and i too agree with it
Guest
(Querist) 31 October 2011
That lady is very much disappinted cause of the beatings which she faced a day before by her husband. So she said she wont leave station till he is arrested.
Heard that for 489A no investigations and all. Once FIr is filed thy will arrest. Thast why confused.
Guest
(Querist) 31 October 2011
Whats that primafacie?
ajay sethi
(Expert) 31 October 2011
om merits whether case made out
prabhakar singh
(Expert) 31 October 2011
Lodging any FIR is one aspect,truth looks in that at a glance inquiry by police is the other{that is called prima facie].
But when she was beaten why did not she reported for it also,or has she???
Guest
(Querist) 31 October 2011
prabhakar - for that beating only she did 498a i think.
Guest
(Querist) 31 October 2011
Also one more doubt, since 498A is FIRed/filed, she cant live with him hereafter?
Guest
(Querist) 01 November 2011
After filing 498A, and after counselling, whether she can live her husband?Is t allowed?
prabhakar singh
(Expert) 01 November 2011
All depends on spouses,you might have heard a saying 'miyan bibi rajee tab kahe ko kaji'.
Guest
(Querist) 01 November 2011
'bibi rajee tab kahe ko kaji' -- ??? wats this ..
i m tamilian
Hindhi neyiii maalum hai... :) :) :)
Shonee Kapoor
(Expert) 01 November 2011
Listen Lady,
The wife has filed 498-a, which though is non-bailable. But the boy and family members can still seek Anticipatory Bail, which may take time. Also they are within their rights to remain underground till this remedy is exhausted.
498-a is much much bigger than mere beatings.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sailesh Kumar Shah
(Expert) 01 November 2011
'bibi rajee tab kahe ko kaji' -- ???
means
if husband and wife agree then no matter.
prabhakar singh
(Expert) 01 November 2011
oh! you wanted to know meaning.
"WHEN SPOUSES ARE IN AGREEMENT THEN WHAT FOR A COURT or AN ARBITRATOR MAY BE REQUIRED???"
is the meaning of that saying .
i mean even 498a could be compounded.
Guest
(Querist) 01 November 2011
Also they are within their rights to remain underground till this remedy is exhausted.
---
means that the victims are absconded? and waiting for bail and escape from jail?
