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Alan David (Branch Manager)     02 May 2012

Ab cancellation-procedure

My wife left home when she was 6 months pregnant and filed divorce case.She did not attend the hearings and the case got dismissed for non appearance by her and I did not have her whereabouts.

I found out that she was living with anothe man and had 2 daughters .I got the birth certificates of both the girls ,but the father is mentioned as the other man.

FIR under IPC 363,365,497 and 498 against him was filed But with the Police help no arrest was made the person got an AB .

What do I do  now.

In the meanwhile I have also filed for divorce on grounds of Adultery



Learning

 1 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     02 May 2012

There is a vital distinction between Cancellation of Bail and Revision against grant of Bail. You can file for cancellation of anticipatory bail u/s 439 to the COS/HC but that is done only on account of circumstances arising after the passing of anticipatory bail. For eg : the accused does not participate in investigation, tampers with evidences, witnesses etc. 

Revision against Bail - on the contrary is challenge to the legality/propriety of decree in the first place. 

 

Feel free to talk !


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