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Pawan (Others)     26 May 2012

Regarding atispatory bail in andhra pradesh

Hi,

I am facing few issues in my life. My father in law who was against my marriage from the begining has finally succeeded in changing my wife's mind and she has asked for MCD. I was forced so I signed on MCD but want to get it cancelled when we meet in the court for second motion in sep 2012 by telling the judge that I am not willing for divorce. My father in law is warning me saying if I say no to divorce then he will file 498a case against me and my family.

 

I want to know

 

1. My family consists of me my mom and dad and my 3 elder sister ( 2 sisters are married)

2. Will she be able to file the case including my sisters and brother in laws in it.

3. I am applying for AB.. I want to know who all should I include in this AB. I was of an impression that if I take it for me and my parents that should be enough but if she is gonna trouble my sisters than should I include my sisters and brother in law's also in it.

4. How much would it charge me if I want to take AB in 498a case for my complete family.

Me + Mom + Dad + 3 Sisters + 2 brother in laws = 8 ppl

5. How soon can I get AB 



Learning

 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     26 May 2012

You can certainly withdraw your consent - and without your consent on the second motion - no divorce would be granted. As a backlash it is good that you anticipate a 498A case. But don't move a 498A AB yet - it is sure to get dismissed. Only do that once complaint is filed by the woman. As regards charges for the same - depends on the standing of your lawyer and his calibre.

Pawan (Others)     26 May 2012

But if I apply for bail only after the complaint I am scared that unessacerily my parents sisters and brother in laws might also get arrested. I heard as soon as the girl files 498a the police arrests all the accused without any prior investigation and knowing the facts. If that is the case my old parents and ppl who are not connected to this in anyway ( my sisters and their hunbads ) will also be arrested. That is what is prompting me to go for AB.

Am I right or is it only me who will suffer and rest would not be arrested immediately?

Adv. Chandrasekhar (Advocate)     26 May 2012

Two things you must do immediately:  First write a complaint saying that you both filed MCD as you were forced by in-law and now you want to withdraw it.  When you showed your inclination to withdraw, your fil has threatened of filing S.498-A false case.  You give the complaint to the S.H.O. of area P.S. and get acknowledgment of the same.  You send the copies of the same before the higher police authorities.  When you appear in the court in MCD, you clearly give your statement that you want to stay with your wife and threats of your in-law and get it recorded.  Once 498-A complaint will be filed by the wife, these complaints and your statement before MCD coourt can be helpful.  These complaints will also be helpful for you to get anticipatory as well as regular bail, when the time arrives to get such relief.


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