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Rama (NA)     18 June 2013

Need help on treatning for 498

Hi all,

  My wife not staying with me since last 15 month.. I filed RCR and send letter to join with me..

After that my FIL sent a letter that I gave physical and mental torture.. In this separation period few small issue came, but that thing he did not mentioned and he shows finger to me..

So expecting 498 or DV case..

So with this letter, before he file any false case can I approach anticipatory bail in advance?

Please suggets me in this regards..



Learning

 11 Replies

Advocate Deepak Gupta (Lawyer)     18 June 2013

No ,  Anticipatory Bail after FIR ,  before its not maintainable.

Chetan Joshi (Advisory/Advocacy)     18 June 2013

Go slow! You will have time to get an AB. Pre empt the apprehended proceedings.

 

Regards

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

Rama (NA)     19 June 2013

Dear sir,

  Thank you for your valuable suggestion.

Can you explain the meaning of "Pre empt the apprehended proceedings."

Chetan Joshi (Advisory/Advocacy)     19 June 2013

I meant take safety mesures as a backup plan when you face the worst.

ANEESH TRIVEDI (ADVOCATE) (Advocate)     19 June 2013

judy read my query and you will understand how to proceed in such situtaion.

First you give at least five days to yourself and read all the post related to divorce and related to dowry case and also imagine the postition of husband and wife who are here for seeking advise if possible try to meet those peson go to your local court and just sit for a day and discuss the facts those coming on hearing then you yourself understand what to do and then come to here you will easily understand what we are suggesting here and then you are able to took firm decision,

Rahul Kapoor (Legal Enthusiast)     19 June 2013

FIR is a not a condition precedent to AB.

you can apply for AB.

go through the attached file.

 

regards-

rahul.gogreen@gmail.com


Attached File : 170717418 498a safeguard.pdf downloaded: 77 times

Reformist !!! (Other)     19 June 2013

You can apply for AB when they file any complaint with CAW cell or with SSP of ur area.

U will get notice bail in reply from the Illaqa Magistrate..

Reformist !!! (Other)     19 June 2013

FIR is not necessary/mandatory for applying AB.

Rama (NA)     20 June 2013

Dear Sir,

  Can you explain a bit more about the " what is CAW cell?

What is SSP of ur area?

 

Actually my FIL give a string letter by post,mentioning that I gave her mental and physical turture. So far there is no complain at Police or at court.. Hoping soon..

I filed RCR from April and first reporting by herself in July 11..

So in such situation can I apply for AB, with this registered letter?

Thank you.

Reformist !!! (Other)     20 June 2013

CAW Cell is Crime against women cell where a complaint is forwarded (female complaints) by the SSP (Senior Supritendent of Police) if any girl files any complaint against her in laws......

Yes, u can take copy of the complaint by showing Gandhiji and then apply for AB. u will get notice bail from court.

Rahul Kapoor (Legal Enthusiast)     20 June 2013

yes still you can take AB or notice bail.

apply for all persons to whom to think can be trapped.


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