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Jay........... (jaychry@gmail.com)     09 July 2011

Family facing arrest on 498A..Please Help

My wife filed FAKE 498A against us. I am in usa, and my parents and two sisters are facing arrest from police. My wife's uncle is a retired IPS officer and he is using all his connections to arrest us before we get the AB. Our petition for AB is rejected by the district court on friday. And we are going to apply in HC on Monday. But her uncle is forcing the current SP of Police to find my family and arrest them immediatley. Since my father is a heart patient, he is under constat stress can lead him to severe health conditions. Since my wife filed a FAKE case against us. And she is calling all our neighbors and my relatives on phone and try to turn them against us. Everybody thinks, always the 'girl is talking the truth'. They don't beleive us and that's why nobody is helping us. We are all ALONE. Our advocate said the retired IPS uncle used all his connections and his friendship with the current SP of Police for not granting us AB. We have no idea about the next step. My mom is a working lady, and she is on sick leave for two weeks now. Sisters are studying, they cannot go for their classes too. My wife's intension is get the US visa that I sponsered for her. Since the visa is stamped on her passport (it's in my possession) she is asking for the passport in the court. But if I give her the passport, the very next minute she will fly to US and will stay with her relatives in US. Then she will not come back, so I cannot get divorce from her. Anyway the visa expires on 1st August 2011. So, they are playing all the dirty tricks to arrest my family and they can force us for the passport. I cannot even imagine my sick father, mother and unmarried sisters are getting arrested and stay in jail. So, all my friends here, please advice us as the best as you can. Thanks



Learning

 7 Replies

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     09 July 2011

Dear Querist,

 

Facts stated leads us to advise that in the given serious situation, you may be prepared to seek bail (in the event of arrest if you fail in HC) from SC wherein you have fair chance of obtaining bail since role of external influences in SC (than in Sessions Court or HC as alleged by you) is minimum or negligible, provided you have merits in the matter and charges framed are apparently weak and feeble and baseless as well and its a case of no substantive evidence).

 

Best of Luck.

 

Rabin Majumder

Advocate-on-Record

Supreme Court of India

New Delhi.

sachin (sse)     09 July 2011

hi

apply for ab in higher court with correct facts and figures .Once you get AB there is nothing to worry .

other party can bribe police etc,but eventually justice will be done in court .

Saurabh..V (Law Consultant)     09 July 2011

@Author

 

Very correct words from @Nu.Delhi.Law.Fora.

 

You should put all the facts before the High Court that the complainant with the help of her IPS relative is influencing the case. Also this is very important factor that you got her VISA for US but still harrassed her? This is not at all maintainable plea that a husband who is doing all his efforts to bring his wife to US is harrassing her too? Rubbish!!

 

Having said this, you have not mentioned when did you got married and when did this all started? When you are in US did your wife also stayed there with you? These are very important points which would decide if your family would get bail or not! Try to explain everything to the judge who is also a human being and tell him what would he do in a given situation!

 

Also there are many judgments from Supreme Court and many High Courts, which says that such cases are "Legal Terrorism". You should use them too.

 

//peace

/Saurabh..V


(Guest)

Dear Sir,

Kindly note the fact that relatives of husband have got better chances of getting Anticipatory Bail than the husband himself. You should bring on the record all the external pressure / ill influence for arresting  your family members.  Since you are presently in U.S.A.  their motive and attempts to harass you and your family members mentally and physically have to be brought to the notice of the Hon'ble Court.

For further assistance, kindly feel free to cantact me either through e.mail or Cell Numbers found in my website www.jeevaganadvocate.com .

S.JEEVAGAN, M.A.,LL.B.,LL.M.,

Advocate & Legal Consultant,

Madurai, Tamilnadu.

sumant singh (advocate)     10 July 2011

if you could able to put all the facts as stated by you before the H.C. /S.C. im sure you AB wiil be granted. Not to worry very much. 

Mrs. Kishore (house wife)     10 July 2011

Hello Jay,

We are living in Dubai. My brother's wife has lodged a fake 498a case on the family. The only difference in your and my brother's case is that your family is living in India and my entire family is living in Dubai. Also, that the divorce has taken place before the 498a case was lodged.

The lady's mother is a lawyer in the courts of Hyderabad. Hence, she has used all her knowledge and connections to trap us in this unfortunate case. My brother, both parents and me are the accused.

My elderly ailing parents are in great stress due to the fact that they cannot visit India for their medical purposes or any other issue. Its almost 2 years, we are fighting this case, but we have got no proper justice.

Our concerned lawyer had filed for stay order, because they have no proof of their case, but it has been rejected.

We have no real help back in India to fight for our innocence. We are scared to travel back.

The irritating situation here is that she is back in Dubai living a happy life on her own and calls us and threatens us that she can help us dismiss the case, if we meet her for some settlements.

How can we help ourselves when the government is not giving us a chance to prove ourselves.

Worried Sister....Mrs. Kishore

Sajeev Menon (Legal Consultant Dubai 00971 508836442)     10 July 2011

Hi,

If you apprehend arrest and detention therby, you have to approach the higher court to avail anticipatory bail or conditional bail by narrating the entire facts of the case. If the bail application rejects, there is no other alternative than to appear before the concerned court to apply for regular bail. Normaly conditional bail will be granted, if there is no apparent allegation or medical certificate regarding phisical cruelty, which is enough to appear before the regular court to get bail by executing prper suerties.

 

Sajeev Menon

Dubai

050-8836442


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