False 498a

Since your petition for anticipatory bail is pending in District Court,you can approch for anticipatory bail in the High Court u/sec.438 Cr.P.C., merit of quashing petition under sec.482 Cr.P.C. in High Copurt is rare cases.You can file a divorce suit against your wife in Family or District Court and defend the case u/sec.498a Cr.P.C..

Hmm,

 

Filing for quash is not advisable at this stage.

 

Give a written arguments to the concerned court about constant non-appearance of the de-facto complainant, and if the Judge still doesnot grant AB, move HC for early disposal of the AB application.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

After 04 months of filing AB, it  is  rejected in district court (Ara, Bihar ) despite constant non-appearance of my wife. If judge has to reject my AB, then why he was calling my wife to court and giving date after date?

Here i want to mention that no one except my lawyer was ever permitted to enter court room. Is it lawful on part of  court that it can deny accuse or his family member to listen court proceeding ? 

what should be my next course of action? If high court, then what shall i do for quick disposal?

 

 

 

 

 

 

 

There is no other option, but to move HC for the grant of AB.

 

In Bihar, courts have a tendency of rejecting AB application of Husband in 498-a cases. Don't loose heart.

 

About not being able to go in court, it is because, you can be arrested on the spot.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Is it lawful on part of  court that it can deny accuse's family member to listen court proceeding ? No one except my lawyer was ever permitted to enter court room during all six dates for granting AB. If yes, then how can i be sure that my lawyer is fighting in right direction and he is not internally supporting my opposition.

My wife has also posted a separate complain to my employer (Defence). Based on her copmlain, a enquiry was ordered, and i am found not guilty. Can i use this enquiry report in court for AB and further trial ? 

Yes you can. But that is immaterial in the trial here.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Since you are in other state, you can file a petition in J&K High court for interstate transit bail and file a divorce petition also to defend if you are facing false 498/a. After getting AB you can approach your bihar HC and based on this J&K HC AB your AB will be granted. Its the line of action for your case and it willl definetly help you. pls note i m not lawyer but my ld adv had approached this line of action and i got AB in two different state.

High Court has granted my AB but with the condition of paying interim maintenance of Rs2500/month  to my wife. I have to appear in District Court within 4 weeks to furnshing bail bonds. My question is that why court has given interim maintenance to my wife despite the fact that

(a) she has deserted not myself.

(b)  she had not attended a single dates in court till date

Also, pls advice on precaution to be taken while going to District Court for bail bond

High Court has not given any direction about mode of payment of maintenance. i do not know what to do ?

hi,

At the outset I would like to know whether  the conditional bail order was passed by the HC with the consent of your lawyer? If not, you can assail the said order in the SC. Because condition imposed by the HC is illegal and you can get your condition cancel and order of bail would remain same.

So far as your query regarding payment of maintenance is concerned, you can deposit the same in the trial court.

 

Advocate Shaad Anwar

K-160, Tis Hazari Courts

Mob: +91 9811038828

shaad@mylawyerdelhi.com

https://www.mylawyerdelhi.com

File application in HC for modification of bail order.

Dear Expert,

High Court has no power to recall & modify its order in criminal cases as the section 362 CrPc expressly bars the same. For your kind perusal section 362 CrPc is being quoted verbatim "Save as otherwise provided by this Code or by any other law for the time being in force, no court when it has signed its judgment or final order disposing of a case, shall after or review the same except to correct a clerical or arithmetical error."

Thanks n Regards,

Advocate Shaad Anwar

K-160, Tis Hazari Courts

Mob: +91 9811038828

shaad@mylawyerdelhi.com

https://www.mylawyerdelhi.com

I am regularly depositing interim maintenance of Rs2500/month in my wife bank a/c. I have also filed divorce suit last month at my home town, but she has never tuned up in any of court except for the collection her first instalment of maint. Case has been transferred to 1st class magistrate for trail. Charge sheet already filed. I have given an application under Crpc 475 for transfer the case to Defence for trail by Court Martial.

Now, I wanted to know

(a) whether I can file damage suit against her/ her family or not.

(b) What is the time limit for filing damage suit.

(c) Will it be any adverse effect of it on my 498a or divorce suit.

 

I am regularly depositing interim maintenance of Rs2500/month in my wife bank a/c. I have also filed divorce suit last month at my home town, but she has never tuned up inany of court except for the collectionher first instalment of maint. Case has been transferred to 1st class magistrate for trail. Charge sheet already filed. I have given an application under Crpc 475for transfer the case to Defence for trail by Court Martial.Now, I wanted to know(a)whether I can file damage suit against her/ her family or not.(b)What is the time limit for filing damage suit.(c)Will it be any adverse effect of it on my 498a or divorce suit.