Anticipatory Bail law
Guest
(Querist) 08 March 2015
This query is : Resolved
Sir
I have filed a complaint against my husband i recently got married in Nov 2014 after only on month of my marriage he has beaten me and throw me out frm my in laws place. It has been 3 month me and my family is approching him and he is not ready to take me back at home...and h has ask me to sign the MOU where he has mentioned the conditions... 1)
if i will sign the MOU according to his conditions so only he will take me back at home...although he has asked me for Divorce but i m not ready to give...i hv every proof against him.
Kindly guide me will judge accept the application of anticipatry bail.
Advocate Kappil Cchandna
(Expert) 09 March 2015
Mam,
In 498A the trend has changes these days, the courts are accepting and giving bails because there has been lot of false complaints and all.... But since your is a genuine and bonafide case .... So you oppose the bail properly mentioning every specific incident on detail ....
And so far as the MOU is concerned, you decide why you want to stay with him if they mistreat and beat you ....
Decide what you want first then only go ahead ....
Regards
Kapil Chandna Adv 9899011450
Dr J C Vashista
(Expert) 09 March 2015
1. A hypothetical story/ academic query.
2. Just 3 months of married life and thrown out of matrimonial home, why?
3. What is there in the MOU? Show the document to a local lawyer, seek his/her professional service and proceed as advised.
Devajyoti Barman
(Expert) 09 March 2015
Your query lacks information. Give some more details.
Rajendra K Goyal
(Expert) 09 March 2015
If you want to stay with your husband take the MOU get it vetted by your lawyer and sign. It may satisfy his ego.
Alternately you may lodge complaint of DV and claim maintenance and prey for orders to stay at your matrimonial house.
ajay sethi
(Expert) 09 March 2015
file DV case against him . no need to sign MOU
T. Kalaiselvan, Advocate
(Expert) 11 March 2015
Experts have advised well, you may consult your lawyer on all further issues.
Guest
(Querist) 13 March 2015
Thnx a lot for your advice. Kindly find the below mention details of MOU i m brefing in short
1. I will not have to take any legal action against him till one year watsover is reason.
2. If i wish to countinue my job so i have to bear 50 percent of my salary or household expenses.
There were so many points but These 2 point were very alarming.
And i only ask him you will not do any physical violence in future and I m ready to sign the papers but he denied and said he can not give this in writing that he will not beat me again.
So plz suggest me wat i need to do as he has send me this MOU via his email id and ask me sign the papers otherswise will not take you back home.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 17 June 2015
He cannot physically assault you nor insists for MOU or MCD. Pl. do not sign. You appear to be more humble and soft. In such a situation you will have to be little tough. The law is in your favour. Warn him he further resort to physical injury, you have no alternative but to file 498A case including DV Complaint. Local lawyer should help you. You will also get moral support.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 17 June 2015
He cannot physically assault you nor insists for MOU or MCD. Pl. do not sign. You appear to be more humble and soft. In such a situation you will have to be little tough. The law is in your favour. Warn him he further resort to physical injury, you have no alternative but to file 498A case including DV Complaint. Local lawyer should help you. You will also get moral support.
