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Shailaja (IT)     17 May 2014

Please help

Hello Sir,Members,

I had to visit my wife native place to submit my counter for the MC case. My wife filed false 498 fir after 30 days of me filing the counter saying that i physically attacked her on the same day I had come to file counter. She further stated that her mother is a witness to this and after she raised a alarm I left the place.

I had gone with my lawyer to file counter.

My 498 fir is registered with all false allegations including the above.Can AC bail be denied to me by the judge by blindly believing her false allegations.

 

Please advise how I can prove my innocence.



Learning

 9 Replies

Laxmi Kant Joshi (Advocate )     17 May 2014

in the whole court premises she didn't get any other eye witnesses except her mother , police , public, vendors , court staff no body had seen and resque her , had she done any medical of her and submitted it in the court , suppose you had done it but this is not the ground of 498a , you can be charged by other ipc sections .

Shailaja (IT)     17 May 2014

Thank you LaxmiKanth Sirji.I have never raised a finger on her in my 1 year married life.Im not sure why she is blindly following her mother.

She has mentioned this false allegation in the 498 FIR saying that I have physically attacked her and her mother came to her rescue.Can this stand against me getting AC bail,will the judge blindly believe her allegations and reject my bail.All the while I was with my lawyer.My lawyer is not saying any thing and im very confused and dejected.

Please help.

Laxmi Kant Joshi (Advocate )     17 May 2014

yes this allegation will attract negativity and can go against you , but you plead in your statement very respectfully and in the impressive manner that you hadn't commit any offence , except her mother she didn't get any eye witness of this incident , all the time that day you was always with your advocate to file your ws , if you have any evidence of it you can exhibit it .

adv.raghavan (Advocate,9444674980)     17 May 2014

For denying  bail, these grounds will not hold good.But still, I advice you to go by what your counsel says.

Ambikapathy (Reseach Assistant)     17 May 2014

My grand mother divided her gold among her two daughter (my mom and her sister). After the dead of my grand mother (in the year 2003) my mom told her sister that she needs her share. My mom's sister ask her to take later as she is busy. Last month my grand father dead , my mom asked the same (gold) from her sister.  My aunty (mom's sister) is telling she is not having anything with her and not giving anything to my mom.

Need a urgent suggestion to solve this issue as my mom is a asthma patient.

Will be greatful if someone help me out.

Shailaja (IT)     17 May 2014

Thanks Raghavan Sir and Rocky sir - Is there any way to counter her false allegation in court.Im totally confused and dejected.My primary fear is whether my bail will be rejected for absolutely no fault of mine.

adv.raghavan (Advocate,9444674980)     17 May 2014

Granting of Bail is purely discretion of the court, we can guide u with procedures but not with out comes.

Gautam Kapoor (IT professional Studying Law)     17 May 2014

https://www.lawyersclubindia.com/forum/Please-help-102385.asp#.U3c9cE63TMI

T. Kalaiselvan, Advocate (Advocate)     18 May 2014

@Ambikapathy:  If your mom has details of all the jewels that have been bequeathed by her mother equally between your mom and your aunt, in case your aunt refuses, to give your mother her share, your mother can issue a legal notice demanding her share of jewels, failing which, she may file a suit in the court seeking her share of movable property.


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