Anticapatory bail for 498 , 498(a) and domestic voilence act
krishna
(Querist) 06 August 2014
This query is : Resolved
Hi,
I am afraid that my wife will book me on
498 (or) 498(A) (or)Domestic Voilence Act.
I filed Null and Void case on my wife(wife and her parent cheated me and suppressed the fact that is already married).
On Aug11th ,2014 i have to attend the court proceeding.
My wife hardly stayed with me for 2 months.
She left my house after i came to know that she is married.
I never asked dowry though my wife and her
family offered money
i never abused her
i never man handled her.
My marriage date is Aug11th, 2013
My question is like whether my wife can book me on 498 (or) 498(A) (or)Domestic Voilence Act.
If Yes, can you please tell me whether i can anticipatory bail or not .
How can i protect my family members.
Nadeem Qureshi
(Expert) 06 August 2014
file an anticipatory bail before session court and also filed a criminal complaint against her u/s 494 of IPC for bigomy.
you may get the bail. in domestic violence case there is no need for bail.
no need to worry,
krishna
(Querist) 06 August 2014
Hi,
My wife ex- husband is dead.
my wife and ex-husband havent registered their marriage.
Still i can criminal complaint against her u/s 494 of IPC for bigomy ?
M.Sheik Mohammed Ali
(Expert) 06 August 2014
yes, you can file complaint against your wife with proof, and you best to take AB, before that you made on complaint with proof that she is married before some one, dont inform police the ex husband died.
Devajyoti Barman
(Expert) 06 August 2014
Once FIR IS REGISTERED YOU CAN ASK FOR ANTICIPATORY BAIL.
Nadeem Qureshi
(Expert) 07 August 2014
Dear Querist
if your wife's ex-husband is died then her second marriage with you is valid marriage and you can not file any bigamy case against her even your annulment case on this ground if you filed will be dismissed.
Feel Free to Call
Rajendra K Goyal
(Expert) 07 August 2014
The bigamy case is not maintainable. If FIR is lodged against you, take anticipatory bail.
krishna
(Querist) 07 August 2014
Hi Nadeem,
See my wife and her parents cheated me and suppressed the fact that she already married.
So i filed Null and Void on the grounds of fraud and cruelty
Though my wife and ex-wife haven't registered their marriage i have ample proof to prove that they married and stayed together for 4 years.
along with that i want to file a divorce petition
How can my wife marriage with me is valid.
she haven't informed me that she is already
married and a widow
ajay sethi
(Expert) 07 August 2014
IN DV case no AB is necessary . further In 498A cases with recent SC judgement police wont arrest you unless prima facie case is made out by your wife . in fact MHA has issued recent circular to all states regarding disgruntled wives filing flase 498A cases
V R SHROFF
(Expert) 07 August 2014
DV IS MAINTAINABLE , AND YOU DO NOT NEED ANTICIPATORY BAIL.
498A IS RELAXED NOW; AND KEEP HANDY THE PROOF OF HER MARRIAGE.. FILE CASE FR CHEATING AGAINST HER..
T. Kalaiselvan, Advocate
(Expert) 09 August 2014
Wait for her to lodge a complaint against you and then decide about obtaining AB.
