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fighters fight (business)     13 May 2014

Chamber hearing for slp(anticipatory bail) in supreme court

my case is as follows:

fir registered in nov2013 u/s 498a/406/34/313 (NO MLC)

bail rejected in lower court (reason : severe allegations of miscarriage)

bail rejected in high court (Reason : allegation of giving 50 lakhs and strong allegations of miscarriage)

SLP filed in supreme court in april,2014
In SLP mentioned all the proofs that the girl is lying about the miscarriage as the date she is mentioning of the abortion and the ultrasound report of the same day is showing pregnancy normal.where as she has not mentioned about the miscarriage to any police authority at the time of miscarriage,also being a doctor herself.
as far as allegation of demands of rs 50lakhs stands voids as she was getting a salary of rs50000/- and not a single penny was withdrawn from her account during the period of time she stayed with me(two years).

in the first hearing the judge gave my counsel stay on arrest and asked him to send me for chamber hearing on the next date.

in chamber after listening to both of us in private(where i asked for counseling to save the marriage and she refuse to come back and asked for divorce ) . he asked me to settle the matter amicably and come up with an amount for alimony and gave next date in july 2014.(he gave stay on all the proceedings of court cases and fir till next date)
the judge said that you should settle the matter amicably and start a new life rather then getting into trail and wasting precious years of your life.
Amount asked by girl Rs 1.5 crore.

the girl has already taken all her stuff(jewelery,cloths,even my passport,DL )
she even aborted my child and now accusing me .

after all this i dont want to settle the matter by giving that b*tch what she wants (money).

can the judges dismiss my petition(AB) if i say that i dont have any money so alimony is out of question whereas the girls future is already secure as she is MD.MBBS and working in a govt hospital with salary Rs60000 PM.she even has her father's property share of around rs2.5 crore ?

if you have better approach please guide.where as i am not in a hurry for divorce and zero amount settlement is the only goal.



Learning

 8 Replies

Gautam Kapoor (IT professional Studying Law)     13 May 2014

can you elaborate on (Reason : allegation of giving 50 lakhs and strong allegations of miscarriage)

 

 

 

**Victim** (job)     13 May 2014

SLP (Special Leave Petition) is usually heard in chambers. Her demand is way too high against her education. If the judge has said to settle the issue amicably then it seems there are no other options. In case if SLP is dismissed you may have to file Review Petition then comes Curative Petition which are useless and money consuming unnecessarily. This is why i feel that once the matter is disposed from High court it is useless to approach Supreme court. I am not a lawyer and i am sure i am younger than you but i would say that you should settle the matter and get rid of that women. As far as money is concerned try to bring her down with her demand.


(Guest)

Dear author,

I can't blv that SC has told you to pay 1.5 crore and settle the matter. Its totally irrelevant and beyond justifiable in your Slp of ABP.

Its better to go for regular bail u/s 437 or 439. Within a week or two and that also maximum you would get your bail.

Even SC has led down guidelines on ABP that no irrelevant conditions should be imposed on accused for granting bail to him.

It will beter to tell your lawyer to fight your anticipatory on merit and let it be dismissed no problem but don't ever succumb on such extortions. Even after your non grant of ABP you have much chance to get regular bail from lower court. Just blv in urself.you are not a murderer or terrorist that court will dump you behind the bars for n number of years. Keep your hope alive.

For such SC judgements where irrelevant condition was disposed off, you can find on my blog.

 

Good luck:))

ESIS

1 Like

fighters fight (business)     13 May 2014

thanks for the response.

sc orders are as follows:

"" Pursuant to the Court's Order dated **.**.2014 the matter
has been discussed individually with Mr -----------, husband
(petitioner) and Mrs. --------- wife (respondent). The parties
may reach an amicable settlement. Post the matter on -- July, 2014
at 1.30 pm in Chamber.

        In the meantime, the petitioner be not taken in custody in
connection with FIR NO.------------.


        In the meantime, FIR, if any, lodged by any one or other
party against each other or proceeding, if any, pending before any
court of law in between the parties and in laws shall remain stayed.""

 

1.my lawyer is saying that if the slp is disposed off ,it will be very hard to get regular bail through lower court after surrender.is it??.

2.will this rejection from sc,benifits the b*tch gang in opposing my RB in lower court.?

nikhil singh (Advocate)     13 May 2014

See prima facie your case looks good. But its better to settle the matter because its just started and there is long life to live. Amicably Settling the matter does not mean that you settle the matter or her terms or on your terms. Put some resonable amount and dont agree on the amount she is demanding. For any other assitance you may contact. If Honble court has issued notice and stayed the further proccdings that means they had seen  something primafacie in your case. 

Nikhil Singh
Associate, Law Consults
'LawCon House', D-61, East of Kailash
New Delhi - 110065
https://www.law-consults.com
https://www.lawinc.in
+917838078186+919352444446

Gautam Kapoor (IT professional Studying Law)     13 May 2014

Agree on what Mr.Nikhil Singh last statement.There might me something prima facie against you either in dowry or abortion.If this is not the case you can ask for the complainant to go for lie detector tests.She may deny which may go against her.Speak to your lawyer on this.


(Guest)

Dear author,

If you got the opportunity to have discusion with judge on SLP through chamber discussion then why you have not showed the aggrievness and uncapable of paying that huge amount through settlement. At that time only you have cleared all your doubts. Now according to the order it is not written anywhere that you have to pay this much amount. So, better have a discussion over the matter of genuine settlement if you are in hurry or else I have allready suggested as above , to go with regular bail.

Every regular bail has to be heard differentlly, its not that once your AB is cancelled then you cant get regular bail, its only myth. Practically it all depends on the drafting of fresh pettition along with a clear cut arguement by your lawyer.

I guess your lawyer has not highlighted the major points properly whether through arguenent or drafting, your case has definitely loopholes which can only be known after reading. For now I will suggest you to think on your strengths and be mentally prepared for ahead.

I disagree with your 

Lawyer that you won't get bail. See A/t to constitution bail is your right and jail is your exception.

So don't panic, you will get bail if AB is not granted. Meanwhile, open all the possibilities which you can adapt and go along with that.

Take care,

ESIS

1 Like

Shantanu Wavhal (Worker)     14 May 2014

the best way to tackle false cases is :

 

Face the Trial & Get Acquittal.


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