Urgent help in sec.498a: interim relief granted by court

Dear Mr.Anis,

Bail is the rule and jail is the exception. The Police would have to make out very strong grounds if they desire to negative your claim for bail. 

The mediation proceedings, since the issue of divorce is already decided, would revolve around her maintenance - since she has the right of maintenance/dower/dowry articles etc. 

Inshallah you would be granted bail.

But there is no harm in going for mediation. Go with an open mind,

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Aameen. I would also like to know what happens if she alleges that the gold is still with me and if the police search our house and are unable to recover the gold. Then what happens.

Then she would need to prove the same.

Regards,

Do police have powers to search the house?

My wifes articles like household articles.sofa,bed are with me only.

My 498a is running in court

Can police come to my house for return of articles if complaint is given by my b*tch (wife).

I think for return of articles separate case should be filed?

Yes, police has the powers to search and seizure. But after bail it requires an order from the court to do so.

However, if you are admitted on bail, it is better to write to your wife to collect her articles from your place against receipt of the same.

Thanks you very much Mr.Bharat

my 498a is going to complete d by this month end(most probably) and after the 498a completed can wife come to my house for collection of articles. Already she wrote in 498a case she had given articles and suppose if we are aquitted in 498a case, should i return articles on mere demand.

I think seperate case(civil) should be filed for return of articles or police have powers to file a criminal case againts us? Please suggest

Dear Anis

Adv. Bharat is right.

If the articles are hers, why are you keeping them with you.

Return what is rightly hers against reciept.

We had told them to collect the articles but they refused and were adamant that I take her back. We are ready to return the gifts back to her.

On 16/2/12 the Hon'ble Judge has asked to go for mediation on 20/3/12. My advocate has said that the interim relief has been extended till 29/3/12. My advocate said that we should go for settlement if she accepts that she has taken the gold in front of mediator when I provide the recorded evidence that she has the gold. Then I should return the gifts and also give cash to her which she is claiming that her father had given to us or else they will produce her maternal uncle and her father's friends as witness who will say that they were present at the time when the cash was given. I am confused now. I think that on producing recorded evidence if she acknowledges that she has the gold then it is proved that she has lied in the FIR. So indirectly it is also proved that she has given wrong information to the police including the cash part. We are ready to return the gifts that they had given to us as customary gifts. Please guide me. Thanks & Regards, Anis

Anis,

Send her a notice to collect the things by a specific date, otherwise it would be presumed, she has no claim left on those articles.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Ok. I will send the notice immediately. Also should I apply for quash of FIR against my father, mother and brother. I will not be party to the quash petition. In FIR it is mentioned that all the offences took place in Vasai, Dist: Thane whereas the FIR has been lodged in Kurla, Mumbai. Can I apply to the court for transfer of case to Vasai as only the Vasai Sessions Court has jurisdiction to this case.