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Rashmi (NA)     01 June 2013

Advice on 498a and 406

I am living in a joint family along with my in-laws and my brother-in-law. My brother-in -law's wife has left him after 4 months of their marriage and after 8months of leaving the house she filed a false 498a and 406 case against my in-laws and my brother-in-law. The case was in women cell for 3-4 months but it was not resolved as she was demanding to live separately with my brother-in-law and he is not ready to leave his parents. We have applied for the bail of my in-laws in session court but it got rejected. Our lawyer is also not clarifying us why it has been rejected and not giving us satisfactory answer. He is just saying that we will apply in high Court for bail. Please suggest

 

1) is getting bail under 498 and 406 is tough and that what are the chances of getting bail.  (please note that she has not submitted any medical to prove domestic violence)

2) is getting bail also depends upon lawyer's capability to convince the judge for the same.

3) Please suggest what can we do to get out of this.

 

Thanks,

Rashmi



Learning

 5 Replies

Adv k . mahesh (advocate)     01 June 2013

pplication under SEc 438 CRPC,before the sessions court praying for directions to the concerned police station (where the complaint is pending) for giving of a notice of 7 days before arrest after registeration of fir for enabling u to take legal remedy at that time.as it is apprehended that the said complaint may be converted into an FIR at any point of time and thus there is apprehension of ARREST.and if you show medical reason also bail is granted immediately 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     01 June 2013

I agree with Mr. Mahesh

Rashmi (NA)     03 June 2013

Thank u so much,

Just one more thing I wanted to know. Can we file a case against her and her parents for filing false case.

 

 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     03 June 2013

Dear Rashmi

if there is any threat  for property or money then only your can file a criminal complaint u/s 383/384 of IPC against her and her parents.

 

Feel Free to Call

Nadeem Qureshi (Advocate)

Chember No. D-720, Lawyers Chembers,

Karkardooma Court, Delhi

email : nadeemqureshi1@gmail.com

web:    nadeemqureshi498a.webs.com

Blog:   https://nadeemqureshi1.wordpress.com/

Mob: +91  9953809956

         +91 8802305262

 

Rashmi (NA)     04 June 2013

Thanks Nadeem,

Would be grateful if you also confirm that for how many days a particular judge sits during summer vacation in Chandigarh High Court ???


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