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Reformist !!! (Other)     19 March 2013

Bail from hc

 

I am on Interim Bail as of now and HC has asked me to go for mediation with my bitter half and she is acting there that she wants to come back and even we (both me and she) knows that she do not want to stay with me. Also, I am not at all ready to accept her back, though i am playing this "NO" game little differently.

Apparently, from experiences i feel bail gets rejected if mediation fails i.e if i am not ready to accept her back and if she does not demand any money to leave me.
 
What u guys suggest, if bail gets rejected due to this reason. Should i go to SC or should i surrender not to lengthen the case ?
 
Suggestions awaited.


Learning

 8 Replies

Manish Udar (www.Mehnat.IN)     19 March 2013

Don't let her enter your house. File a suit for permanent injunction. Fight your bail application vigorously. It has no relation to mediation failure. Do not surrender till supreme court rejection. Find a lawyer who has fixed charges for AB till supreme court stage.

www.mehnat.in/wives.html

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 March 2013

Whosoever told you that bail gets rejected if mediation fails was just plain lying.

 

If mediation succeeds, what is the reason to run trial.

 

Speak what you wish to say and fight the case on merits and if you fight well you would get bail.

 

 

 

Regards,
 

Shonee Kapoor
www.facebook.com/shoneekapoor 
Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.
1 Like

Reformist !!! (Other)     19 March 2013

Thanks Manish Ji & Shonee Ji.

My mom has already filed for injunction suit and judge has already ordered the Interim order of same in our favour.

Actually 498a/406 is a counterblast to our injunction case. 

I have heard that if Bail gets rejected till SC, then regular bail becomes difficult ie judges think that there was a reason not to grant him AB, thats why they keeps on lingering and one is in custody at that time.

Some local people from NGOs also adviced me to surrender if bail gets rejected at HC. Really confused what should be done.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 March 2013

Whatever you have heard has no legal basis.

 

Reformist !!! (Other)     19 March 2013

Hmm thanks shonee ji. I have to think wisely and take a decision. 

I dnt know what god has stored for me in store :)

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 March 2013

Don't be too perturbed. 

 

Just fight it out on merits.

 

In Punjab and Haryana husband usually spends a day or two in custody and then its time to fight back.

 

 

 

Regards,
 
Shonee Kapoor
www.facebook.com/shoneekapoor 
Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.
1 Like

ashoksrivastava (scientist)     19 March 2013

Hi in HIGHCOURTS for 498A cases bail is the rule and jail is the exception(almost)till you have done something manifestly cruel like severely beating your wife with clear injury marks and/ or doctors report to showup. Getting interim bail means chances of final bail are bright. mediation judge in case of failure will only write "mediation failed" in his report to high court, without making any comment on parties conduct. However your wife's lawyer/pp will in all probability oppose bail on ground of recovery of articles(assuming 406 to be also there) So be prepared to counter that with the apex court judgement I have pasted in similar post recently. Don't get nervous I have passed through exactly same process: bail refused in sessions court on recovery ground then interim bail from HC then mediation failed then finally AB granted. Though I must confess I did get nervous and finally decided to surrender in case my AB is not granted. I hired a sessions court lawyer for 439 should the need arise before final hearing in high court  where my wife's lawyer suddenly spangup for the first time and opposed bail on recovery grounds . After my sessions court loss I  had already given the SC judgement  mentioned earlier to my lawyer with clear stategy about how to fight recovery arguments this time. However finally lady luck smiled on me. regards ALL THE BEST ASHOK.

ashoksrivastava (scientist)     23 March 2013

Hi my PM is not working I am giving reference to apex court judgement which says" conditions like recovery of articles need not be given while considering 438 as it assumes that certain dowry articles were indeed given". pl check this judgement: CASE NO.: Appeal (crl.) 490 of 2008 PETITIONER: Mohinder Kaur RESPONDENT: State of Punjab DATE OF JUDGMENT: 14/03/2008 regards ASHOK

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