Need help under ipc section 498a
Praveen
(Querist) 10 October 2016
This query is : Resolved
My brother's wife had filed a complaint against him and his family, Now he received summon from district family court. If Police challaned against him. Then how to get family member's bail as they are not living with the my brother. Please guide whether family members (father, mother, brothers sister) will get bail from court or police itself give them bail.
Ms.Usha Kapoor
(Expert) 11 October 2016
Magistrate COURT WILL GIVE THEM BAIL AFTER 15 DAYS OF JUDICIAL CUSTODY. He HAS TO FURNISH CONDITIONAL Bail BONDS THAT HEREAFTER HE WOULD NOT TREAT HIS WIFE/VICTIM CRUELLY OR HARASS HER for DOWRY ETC.. iF HE BREACHES BAIL CONDITIONS AGAIN HE CAN BE PUT BEHIND BARS ON COMPLAINT BY VICTIM WIFE UNDER SECTION 498 A. All his family relations are also would be sent to jail if they have harassed their daughter in law in a cruel manner if the police/MAGISTRATE ON A PRELIMINARY INQUIRY CONVINCED ABOUT THEIR CRUELTY. If YOU APPRECIATE THIS ANSWER PLEASE CLICK THE THANK YOU BUTTON ON MY PROFILE.
P. Venu
(Expert) 11 October 2016
'My brother's wife had filed a complaint against him and his family' What do you mean by 'his family'!
So also, what do you mean by 'If Police challaned against him".
Anyhow, a dispute filed in a Family Court does not involve any action from the Police. And if, even if there could be complaint to Police on different grounds, there is no need to panic if your bother is blameless. The Police are strict instruction not to initiate any hasty action in matrimonial disputes.
Advocate M.Bhadra
(Expert) 11 October 2016
If the wife filed 498a and FIR is concerned,do not get arrested at any cost,ask your lawyer apply for surrender and bail in Judicial Magistrate Court for all those in-laws who have been named in the FIR, but except husband who should file a petition u/sec.438 Cr.P.C. for anticipatory bail in District Court or High Court.
The Police should not register FIR if wife is living separately from you , so make sure that you have got some solid proof for the same as example you can send legal notice to wife to her address asking her to come back. On the basis of the notice file the Divorce Suit immediately.
Rajendra K Goyal
(Expert) 11 October 2016
Your brother and family members may proceed for anticipatory bail if their name appears in the FIR and try for quashing of FIR against family members if not living together.
Siddharth Dev
(Expert) 11 October 2016
Apply bail as per role ascribed to your family members, first apply bail of person have no role or minimum role in allegations
NANDKUMAR B SAWANT
(Expert) 11 October 2016
kindly note that.
1. criminal case under sec. 498a and other sections is filed against family members.
2. you may kindly urgently apply on behalf of all family members , for anticipatory bail at District and sessions court or High court having area jurisdiction and mention all facts and reasonable apprehension of arrest.
3. also pray for interim anticipatory bail as there are chances of arrest by police.
4. The court will call report of concerned police station and if satisfied may allow interim anticipatory bail and may further confirm the same.Your will succeed.
Rajendra K Goyal
(Expert) 11 October 2016
You should approach session Court and if A bail rejected, approach High Court.
Police can arrest pending anticipatory bail orders.
Discuss in detail with your lawyer.
cherukuri prasad
(Expert) 11 October 2016
without seeing the warrant of arrest, your imaginative questions are difficult to answer.
