498a/406 anticipatry bail/ child welfare

Sir, 

This is no ground for rejection of an anticipitory bail, you can refer my Article on Anticipatory Bail at https://kapilchandnaadvocate.wordpress.com/ and argue with relevant judgements. Judge cannot impose financial restrictions on you at the time of anticipatory bail. I think Judge is getting emotional with respect to your case. 

Warm Regards 

Kapil Chandna Advocate 

9899011450

i have check your article it is very nice & very nicely explained,sir can you suggest some relevent judgments. i find one judgment Delhi High Court Avinash vs State on 25 July, 2014, Is it relevent or suggest if more judgemnts is there

There are many judgements where SC has said that denying of AB for not providing financial security to opposite party is wrong.

Why your lawyer not raised these points, whether judge is hearing the case of 498a/406 or child welfare.

Do you have any written order where judge has asked you to provide the same?

This is the practical problem which can be tackled by a efficient and influential lawyer.

Denying Anticipatory bail for not providing Financial security to the opposite party is  wrong.       A number of Supreme Court decisions vouchsafe for this point.You buy  a plot accumulating all your resources or taking  a loan and put the plot in the name of your child  and get rid of  your estranged wife, a pain in the ass.If you  appreciate this answer please click the thank you buttonon this forum.

sachin it is here only kindly check attachment. can you suggest some judgment, my lawyers is not taking our side, it seems something is wrong, even anyhow by pressure i will give it to my child, it will not solve the purpose, wife relatives sell that plot & my child again not get secured, on the other hand property of my father which he made after his entire for his old age also gone, so niether my daguhter is happy nor my parents are happy. 

Your defense is highly against you.

on fist hearing you said that " petitioner submits that it was a case of second marriage between both the parties and no dowry was given at the time of marriage. Learned counsel for the petitioner submits that the petitioner is ready to sign any document relating to FDR, which is stated to be in joint name and the complainant-respondent No.2 "

On second hearing " the petitioner did not make any effort for encashment of the fixed deposit whereas learned counsel for the petitioner submits that original copy of fixed deposit was not available with the petitioner and a written request was made to the Bank for issuance of duplicate copy. All the formalities have been completed by the petitioner"

On third hearing " learned counsel for Union Territory of Chandigarh submits that though the petitioner has joined the investigation and majority of the items have been recovered except jewellery items. "

On fourth hearing " Adjourned to 05.10.2016 to enable the petitioner to apply his mind to transfer 10 marla plot in the name of his girl child or in the alternative to deposit an amount in the shape of FDR in her name to secure her future "

When you yourself said that you are ready to give money and plot , when you yourself said that no stridhan has given , then how it was recovered. In this circumstances what do you expect the court "

If you still want to reduse the said amount be ready to file appeal in division bench of HC.

-->FDR is in joint name & she is the first account holder even income tax is filed by her only, as the FDR copy is only with her & later she submit that it is lost so we give joint statement that is is lost & bank issue a duplicate copy, after that i eliminated my name from that.

-> we make effort & give our statement as FDR , it is time taken by bank to issue duplicate copy not by us.

-> regarding plot & FDR we never said we can give as i dont have any plot it is the judge ho is forcing us to do so? i only said i can do suknya yojnaor RD.

i suspect that our lawyer also involved as  you can see that i have to give additional Rs 25000/- for not giving Rs 30000/- as litigation fee on first hearing. but i have proof that e have given Rs 30000/- to her as litigation fee. we told to our lawyer regarding this but he said judge can do anything. even now our lawyer said to judge that we are ready to give our plot against my father wishes. i am present there than i told that my father is not ready to transfer plot. this is the main question, if any lawyer is present kindly reply. it is anticipatry bail proceeding main case is not just present in the court.

yes it seems 

May i know why you filed AB in high court when there is order of SC that no automatic arrest without permissiion of Magistrate?

Why you paid her litigation expense of 30k when she is not party in case, your case is against the state not her ?

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The Op's case seems to be not for bail but for compounding the case by a agreement between wife and husband towards MCD.

Sai Naryna but she is not willing to divorce & want to come back.