ab for 498a
sathya
(Querist) 18 December 2014
This query is : Resolved
Hi all, DV maintanence hmop cases are pending. After an year of coming out of husbands family, wife decided to file fir and Got direction from court for fir against husband for adultery dowry harassment. Now husband applied for mediation in order to avoid fir. Policecs not filing since mediation s pending.What s the procedure in mediation and the motto of husband s just to prolong the case without giving even maintanence. Please suggest how to face mediation since wife has all proofs against husband.
sathya
(Querist) 18 December 2014
Please suggest what if he apply for bail in the meantime of mediation... How do wife get the justice?
ajay sethi
(Expert) 18 December 2014
in view of recent SC judgement Husband will get anticipatory bail in 498A case . your objective should be to contest case on merits
the purpose of mediation is to help warring couples resolve their differences . listen to what your husband wants to say . if he is willing to compromise accept his offer
Rajendra K Goyal
(Expert) 18 December 2014
If the husband proceed for anticipatory bail, legally he can proceed. Court would consider the matter on merit.
You have to prove your case to get the desired results / justice in your words.
You have the option / choice not to agree with your husband in Mediation.
R.K Nanda
(Expert) 18 December 2014
no more to add.
sathya
(Querist) 18 December 2014
What is the next step if wife didn't agree in mediation? Will FIR be filed by police? Wife's motto s not comprising for money. She wants justice since she get harassed in so many ways but not filed any complaint in order to save her marriage. In such a case, how to get him and his family punishment for his criminal acts of cheating marriage, adultery, harassments etc.., the problem is if wife accepted offer in mediation, all his crimes get unanswered. Please help.
Nadeem Qureshi
(Expert) 18 December 2014
File an anticipatory bail petition before session court or high court and argue the matter on merit.
the court may grant the ab or notice bail as the case may be.
if the wife is ready to accepted offer in mediation then all the complaints/cases will have to be withdrawn.
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