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Lord Ganesha (service)     12 February 2012

Sec 504 and 406

My wife has filed a case under sec. 504 and 406 . Summons were issued and we managed to get stay order  from the Allahabad High Court. The high Court referred the case to Mediation centre. We had to deposite Rs. 10000/- ( Rs. Ten thousand only) in the mediation centre under this stay order.

But , instead ,we filed a copy of the Receipt of Rs. 10000/- ( Rs. Ten Thousand only ) with the copy of stay order in the trial court, deposited in the mediation centre in another case of sec 498 (A) filed by my wife against which we got stay order from Allahabad High court.

since our negotiations failed at mediation centre , the trial court now has awakened after such a long break to reject the receipt of Rs. ten thousand in another case and demanding deposit of Rs ten thousand in this case only or else to get bail.

My question is sec 504 and 406 are bailable or non bailable ????

we dont want to go for the mediation centre as its a very lengthy n time consuming process...



Learning

 4 Replies

sridhar pasumarthy (ADVOCATE)     12 February 2012

Do you mean sections 504 and 406 of IPC.

Sec 504 is Bailable where as 406 is Non-Bailable.

Sanjeev (Lawyer)     12 February 2012

Post Mediation failure you are required to seek bail. Do you already have bail in 498A and are to take bail in 406 &504 case or both were under mediation and mediation has failed for both, and was it mediated at Allahabad HC mediation centre or local courts mediation centre?

Lord Ganesha (service)     12 February 2012

we have No bail in either case. Mediation was failed at Allahabad Mediation and Conciliation Centre  in the case 498 (A) referred by AHC.

we seek bail in another cse of 504 and 406 filed against us .......Is it bailable or non bailable...?]

Sanjeev (Lawyer)     13 February 2012

see post mediation failure the case is listed in high court where the stay was granted and the court will dismiss the case with directions to you to appear in trial court and seek bail within specified time has that order been granted or its not listed post mediation


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