SANJEEV KUMAR (STUDENT) 08 June 2011

BAIL CANCELLATION

WIFE FILED CASE U/S 498A ETC IN DELHI AGAINST IN LAWS IN 2005 AND LATER ON AFTER ARREST THE ACCUSED ARE GRANTED BAILS AND PROCEEDINGS ARE GOING ON AS ON TODAY. HUSBAND BELONGS TO REMOTE DISTT OF UP APPROX. 250 KMS FROM DELHI

SUDDENLY THE WIFE'S FAMILY COMES TO KNOW THAT A CASE U/S 323,324, 452 ETC IS PENDING SINCE 2007 IN THIS DISTT AND NBWS WERE ISSUED IN CONNIVANCE WITH COURT STAFF SINCE THE WIFE'S FAMILY HAS NOT APPEARED IN COURT DESPITE SENDING SUMMONS, BWs ETC FOR 2 YEARS.

WIFE'S FAMILY IS FIGHTING THIS FALSE, FICTIOUS CASE ANY HOW.

NOW THE QUESTION IS WHETHER THE WIFE CAN FILE FOR CANCELLATON OF BAILS OF HUSBAND AND HIS FAMILY SINCE:

HUSBAND AND HIS FAMILY HAS CONNIVED TO SCUTTLE THE 498A & SEC.125 PROCEEDINGS.

IF YES WHERE APPLICATION IS TO BE FILED

SANJEEV

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2 Replies

Saurabh..V (Law Consultant) 09 June 2011

@Sanjeev

Though your case is genuine, yet, this is common practice in courts. Those who are innocents, have always been suffering and those who are the culprits enjoy their stay in the court.

Having said this, my suggestion in that you bring this point to the notice of the court and pray for cancellation of NBWs and convince hte court that it was inly accidental and you would be regular henceforth.

In my considered view, as no direct evidence could be put before the court for the connivance of the husband and the court staff, it wouldn't be wise to fiel any sort of special application in this regard. Though I agree this must have jeopardized the life of the complainants still its the irony.

//peace

/Saurabh.V

SANJEEV KUMAR (STUDENT) 10 June 2011

@suresh V

the wife's family got bails and fighting case as on today and wife's familly fought this case tooth and nail and upto 2010 every this completed and case listed for judgement in nov2010 but judgement has not been delivered since then (ha ha ha ha ha ha......pls do not ask me why) and prosecution is pressing for compromise now........

Now moot question is whether this is fit case for cancellation of bails in 498A aganst husband and his family???????????????????

sanjeev