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shajik (Engineer)     20 November 2012

Second marriage

I belong to hindu religion. Am a widower having two kids are in infant stage. Recently I have married a teacher (Divorced from her first marriage) who is working in private school and having 13y’s old daughter. Our second married life stays only 15 days, out of which I have hospitalized around 6days and rest on bed rest. Due to her misbehavior and not willing to look after my kids, I have filed a divorce case on the ground of Cruelty. Preliminary we were sent to counseling as a part of court direction and now it is preceded with court sitting. We are trying to settle outside the court with their family and they are in the mood of demanding at anything else, what I do not have in front of me and mean time they are planning to file a case against me 498A. They are saying that they will put me jail for three y’s. In fact am innocent in this case and they are harassed me.  I need some one’s suggestion on what kind of action or precautions can be taken against their petition (498a). Please help me.  



Learning

 11 Replies

AAK (Advocate)     20 November 2012

you can apply for anticipatory bail in case there is apprehension of your arrest...

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 November 2012

Seek AB as soon as the complaint is filed.

 

 

Regards,

 

Shonee Kapoor

1 Like

Chetan Joshi (Advisory/Advocacy)     20 November 2012

Yes....Do seek an Anticipatory Bail on a  complaint being filed....

 

 

Regards

 

Chetan(dot)7679(at)gmail(dot)com

shajik (Engineer)     20 November 2012

Sir, Thanks for all of you.... let me allow to clarify one thing that, Wehther i can able to apply AB right now or i have to wait for their complaint. awaited your valuable replys.

Regards

shajik (Engineer)     20 November 2012

Sir, Some one advised me that, AB is not sanctions for 498a. Is it right information?

please advise.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 November 2012

Dpeends where your case is.

 

In Karnataka the courts are granting AB on apprehension. In Delhi they are insisting that atleast there should be a complaint in CAW cell.

 

 

Regards,

 

Shonee Kapoor

www.facebook.com/shoneekapoor 

Handphone: +91-8010850498

Email: harassed.by.498a@gmail.com

 

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

1 Like

AAK (Advocate)     21 November 2012

It is descrition of the court to grant AB.. the criateria is - aprart from other geniun grounds, you should able to convince the court that there is apprehension of your arrest and possibility of manhandling by police to obtain AB.

rajiv_lodha (zz)     22 November 2012

Originally posted by : shajik

Sir, Thanks for all of you.... let me allow to clarify one thing that, Wehther i can able to apply AB right now or i have to wait for their complaint. awaited your valuable replys.

Regards

Let the complaint be lodged, very many chances that u wil be called by CAW cell. Then apply for AB

Gulshan Chandok (Private)     22 November 2012

As rightly advised by the experts, apply for AB only when the complaint has been lodged. The chances of notice bail being granted are very bleak.

ANAMIKA VICHARE (LAWYER)     25 November 2012

For anticipatory bail, there should be complaint on record....as the Police Station's report is called by Sessisons Court...

if there is N.C. also, then you will get anticipatory bail...

You have filed divorce petn...

ask yr lawyer to supply one copy of divorce petn alongwith his letter to theconcerned police stn might help

anamika_vichare@rediffmail.com


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