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rahul (a)     19 February 2013

Bail under sec 498a 406,420

Respected lawyers,

My Wife file 498(a),406,420 against me and my Parents in the month of april 2012. After that I have applied for AB in the month of june 2012 but the bail has been rejected. After that till today I have not applied in high court or the police has not arrested me or my parents. I am attending the trial in family court where the divorce petition is pending. Now I am staying with my parents , and the case of 498 and divorce is running in other city where i m staying with my wife.

If i Visit the police sation and they are arrested me and asked for PCR to recovery of gold ornnaments of wife.(which are not with but she says its with me) how much chance i will get bail ?



Learning

 1 Replies

ashoksrivastava (scientist)     19 February 2013

Dear Rahul  I  have earlier posted apexcourt judgement saying" recovery of articles need not be considered while considering AB. coming to your question asked in different post this applies to streedhan as well. lower court routinely dismiss bail application on recovery ground. immediately file for 438 in high court give that judgement to your lawyer . I have passed through similar situation where lower court rejected ab on same ground  while I got AB FROM HIGH COURT I gave this judgement to my lawyer after my lower court experience . as expected wife's lawyer opposed bail on recovery ground in high court. I took a firm stand in high court that" I have not accepted any dowry article nor do I have any streedhan.I am ready to give keys of my house and locker to my wife and she is free to take anything she wants"Fact was that only some furniture was given during marriage as per customs. But they prepared such a long list of articles which I have never seen in my life. So I would have to buy these if I was to satisfy recovery  as per list. wife's jewellery was with her. So I thought it wise to negate the entire list. I remained underground for about 4 months and during hearing of 438 hired a sessions court lawyer for 439 should the need arise. hope my experience will calm you down. wife's side always prepare a long and imaginative list of articles and jewellery with a simple objective that the list may not be satisfied ALL THE BEST.


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