Sec 498 A and 406

Querist : Anonymous (Querist) 04 January 2010 This query is : Resolved
Respected Sir/Ma'm,

I have been married under the special marriage act for the past 5 years. I used to stay with my wife, mother in law and 4 yr old daughter in Kolkata. 13th Dec 2009 my wife filed Sec 498 A and 406 on me and my father. Ever since that day we have been hiding. The court has given the date for the hearing on 13th Jan 2010, my lawyer has filed for an anticipatory bail for me and my dad.

What are the chances of us getting the bail? I had named the car in her name so she has taken the same by force and sold it, can i claim for anything. The house is in both of our names. She took out all the money from our joint accounts. Can i get the money back?

To be very honest with you, i am scared and helpless against the false case done by my wife. She has asked for 50 lacs to withdraw the charges. She has gone to my email account and typed a false love letter to a woman and attached a copy of that along with the FIR. Is email document considered to be a proper document in court.

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Ajay Bansal (Expert) 04 January 2010
First of all try to get antcipatory bails of your father as well as yourself on the base of no requirement for ploice to do custodial investigation.After getting bails,your side will come out from presure .

Raj Kumar Makkad (Expert) 04 January 2010
Mr! I have full sympathy towards you. She was your wife but you have made her as your 'mother'. Why did you believed her to such an extent that car was purchased in her name and even joint account contained such huge money that she 'looted' all.

It shall be better to first get AB bail of your father and then for you. so move two separate petitions. Your father shall definitely get bail but no comment can be passed about you.

After getting bail, try to make compromise with your wife as the ongoing litigation shall not only spoil you both but your 4 year old daughter. Involve elders of both families or some NGO so that matter may be patch up. Do not offer/accept any money otherwise wife shall shall use that money and shall start other type of litigation.

Querist : Anonymous (Querist) 08 January 2010
i have had a word with my wife. She is ready to take this whole thing back. Is it too late for it? What is the process to take the case back. The IO is saying that someone from my side needs to speak to him and meet him along with my wife to resolve this. Please help me out with the procedure.Thanks

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