Irshad Khan 01 July 2015
Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 01 July 2015
Originally posted by : Irshad Khan | ||
My bailer just wrote on a white sheet that if i wl not be present at any time, my bailer will pay a fine of rs.10,000. On that day the IO told me that my case was reduced to 504, 506, 34 n 323. |
These IPCs are non-cognizable and bailable offence hence there is no value of the white sheet of the said bailer. This document (White Sheet) is not a valid evidence as per Indian Evidence Act. There is no law in India which can enforce you to cohabite with your wife against your will hence the IO can't force you. He is violating your fundamental rights as per Indian Constitution. Writ Mandamus is advisable in-person (Without Advocate). One prayer should be quashing, if not granted then 2nd prayer should be speedy trial in the same petition. Also you can pray for the cost, and disciplinary action if you can prove that the IO is biased and incurred you in false case based on concocted stories of your wife without any valid evidence as per Indian Evidence Act in the same petition. I reiterate file it in-person (Without Advocate) or make any friend/relative whom you trust as your council.
Also don’t disclose your income detail in maintenance case. Always file a strong WS. Show that you are jobless or you have very low income less than 5000 per month. Do your job without disclosing anyone.
If she file divorce then it is good for you. File no objection then.
Please read each of my posts carefully in the following links for sample petitions and other necessary clues.
https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg
https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg
https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1
Balakrishnarao (SQA) 02 July 2015
My sister raised a complaint 498 in police station at madhapur.SHO called for councelling.During councellig boys side agreedthat they will come in a week and settle matter mutually,but after a week they didnot come.In between boys side went for anticipatory bail.In this situation please suggest how my sister should proceed?
Irshad Khan 02 July 2015