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To appeal against provisional bail order by hc patna

(Querist) 02 September 2015 This query is : Resolved 
Dear Experts,

I need an urgent advice.

My wife filed 498A on me and other family members and Cognizance was taken against me and my Mom. My Mom is on regular bail now. My Anticipatory bail was rejected by Banka, Bihar Distt Court and then I filed AB in Patna HC.

By mistake, my lawyer added one unwanted paragraph as, "that irrespective of allegation and filing of false case, the petitioner is always ready to keep his wife with full honour and dignity".

Actually I do not want to keep my wife.

HC ordered as below..

"Let the learned court below issue notice to the complainant for her appearance. On her appearance, the petitioner will take the complainant to keep her as wife with full dignity and honour.

The provisional bail of the petitioner will be confirmed by learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the complainant fails to appear before the learned court below or (iii) if the complainant gets reluctant to reconcile the issue."

Such provisions and condition are not acceptable to me as I am afraid that my wife will further file false cases on me if I take her from the court and cases will run life long.

I have enough documentary evidences to prove that the cases filed are false and she is not interested in continuing this marriage.

Please advice next course how the order can be reviewed to omit provisions and conditions made as in bail order.

Can I apply a review petition in HC U/s 482 and to request to revise the order..??

Please reply urgently.
SAINATH DEVALLA (Expert) 02 September 2015
"By mistake, my lawyer added one unwanted paragraph as, "that irrespective of allegation and filing of false case, the petitioner is always ready to keep his wife with full honour and dignity".

This paragraph has added merit to UR case and also for HC to issue such order.

Were U not aware when those lines were added by UR lawyer?


Under what reasons are U going to ask for revision u/s 482.
Satyajit Singh (Querist) 02 September 2015
Dear Mr Sainath,

Thanks for your reply.

addition of that paragraph was not know to me and I had not gone through the petition as I live in different part of the country.

Further, I don't feel that paragraph has given any merit to my case and it will benefit me. Rather, for not taking my wife will be considered as contempt of court.

The AB was to be discussed on merits that cases filed U/s 498A is false and I was to given AB in case of arrest. SC also has said earlier that in when marriage has broken down virtually, it shall be dissolved. Marriage or continuation of marriage cant be a forceful act.

In case I take my wife from court as per order, who shall be responsible to save me from further false case U/s 354, 509 or 307 and under DV Act..??

I cant take risk to be in prison or fight case life long.

Please suggest how the provisions and conditions made in order can be removed.
SAINATH DEVALLA (Expert) 02 September 2015
The family court in its order will mention that neither party will indulge in filing legal cases in future.
Satyajit Singh (Querist) 02 September 2015
Typical Answer. You should have replied my query rather than saying what lower court will or can do.

Please understand, following order of HC and acting on that will make my life miserable and is not acceptable to me.

From your best of knowledge, If you can answer how to get rid of such order and to go for revision in order, please reply.

Else, let others reply if procedures for revision in order is there...
SAINATH DEVALLA (Expert) 02 September 2015
Every petitioner/respondent has a right to go for a revision to the division bench on the order of the single judge.In most of the cases the orders of the single judge are either stayed or reverse or set aside by the division bench of HC.

But the only creature that is creeping into my mind is that,how the division bench will act on the contents of the bail AB application.
Satyajit Singh (Querist) 02 September 2015
I would be happy if any reference and good judgment whether by HC or SC is given where such provisions are set aside.
Rajendra K Goyal (Expert) 03 September 2015
Reference of judgement / citation not provided.


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