Please help in case 498a
Sandeep Pandey
(Querist) 20 October 2012
This query is : Resolved
Hello Sir,
This is Sandeep Pandey, from Mumbai, requesting u for ur help, as My elder brother was married on 6th June’10, with a girl from our old relatives in Jamshedpur (Jharkhand), as it was his second marriage, first was over through a mutual understanding from both the sides. The suffering is the second marriage, everything was fine but after 2-3 months the girl was not living happily here, I should remind u that before marriage we got a strange call from a boy from Jamshedpur “that the girl whom we are marrying is already engaged with another guy from last 6-7 years and will always be with him and will ruin your life, so don’t marry that girl”.
We were shocked and called her parents, they said these all are rumours from their enemies but still we were not convinced but before 2 days of marriage, 5 people came from her side and Brian washed our mind, pressurise us emotionally and requesting to marry as social pressure.
They got married, the main point comes Sir that the girl was not happy here so she forced us to convince to move to her mayka at Jamshedpur, we send her, after 6-7 days the whole drama started, she and her family said that she don’t want to come again and did not receive my brother’s call as well as my family’s call ever and started doing Job as she used to do before.
After some time we came to know that she is having an affair, as Sir we have some voice recording of her colleague saying that she has already her husband over here in Jamshedpur. Many times I have contacted her and her family also relatives to send her back or tell me what’s the reason behind this but she and her family was not responded anytime, we went there twice to take her home but she and her family do not face us, there was not any communication at all from their side.
we filed a case of Conjugal Rights U/S 9 of The Hindu Marriage Act 1995 on 25th Jan’12, but she didn’t came at any of the dates and send her medical reports and now we came to know that she did a stay order from Supreme Court and to transfer her case to Jamshedpur also she filed a case before 1day(24th Jan’12) of us as “406/498a/506 of IPC and Sec 4 of Dowry Prohibition Act”
Sir we are scared as some Advocate says that Police will come and arrest our whole family, first thing that we have to do to take Contisipatory Bail, so sir please provide some help… Sir will voice recording works in court as evidence..??? and how can we get through all these process, Sir I am requesting to u that please provide some suggestions as soon as possible.
Regards.
Advocate Rajkumarlaxman
(Expert) 20 October 2012
first of all itis not contispartory bail but anticipatory bail. but i think you have to take regular bail as the FIR is already registered n case also filed and the same may have been executed by now. first apply for regular bail. your recording may be use at further steps. let all the papers come to you . see what allegations they have made against you. then only we can suggest you properly.
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Guest
(Expert) 21 October 2012
I differ with the advice given above.
Once the FIR has been registered but as long as the accused has not been arrested, the remedy is to seek Anticipatory Bail. You should, therefore, immediately seek AB to eliminate the possibility of arrest. If she has filed the transfer petition then contest it in the SC.
Ashish Davessar
Advocate
Supreme Court of India
Punjab and Haryana High Court
Rajeev Kumar
(Expert) 21 October 2012
I too differ from the Rajkumarlaxman. As the FIR is registered and there is broad apprehension of arrest. So first get the anticipatory bail for avoiding the arrest and also strongly contest the transfer petition in SC
Guest
(Expert) 21 October 2012
First of all try for anticipatory bail and then think about and prepare for defence or to use voice recording, if any.
Devajyoti Barman
(Expert) 21 October 2012
Applying for anticipatory bail should always be the first step.
Once you get that then you showcase every evidence you have against the complainant in trial.
If strong prima facie evidence is there then apply for quashing.
Sandeep Pandey
(Querist) 21 October 2012
Thank u so much all of u for giving me ur valuable answers,but now I came to know that Jamshedpur Court is on Holidays till 25th Oct'12, so what should we do to get out of these all..n what should be our next step..please suggest..
