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JoyDeep Das   27 November 2015

How to proceed after confirm bail in 498

Hi, 

My Name is Joydeep Das. I have been married for two years following which there has been grave differences between me and my wife. Opting to divorce as a good way to end all differences, my wife has falsely framed 498 case against me, my parents and my aunt. My bail was confirmed in October following which i have a hearing date with other accused in January 2016. My question is

  1. Can anyone suggest me what are the next steps involved after you have been granted confirmed bail in 498 case?
     
  2. Is there any chance of getting 498A quashed? This is because I have got job offers lined up from govt sector and it involves police  verification.
     
  3. I have already filed for divorce but there is a  hearing due following which the divorce papers will be sent to my wife, as informed by my lawyer. 
     
  4. Can I approach for a  mediation process and how soon can i put this thing behind me ? Will moving to high court be of any help to get ny name acquitted of 498?

Thanks in advance for any suggestions rendered. 

 

 



Learning

 2 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     30 November 2015

The quashing of the case involves some very technical points . Totally dependent on the facts of the case . As far as your wife receiving the divorce papers if concerned, the same shall be received by her in company of the summons . No separate date is enlisted for that . Mediation and out of court settlement can be opted by you at any stage . On the next date before any of the courts , mention this to the judge and have the matter referred to mediation .

SAINATH DEVALLA (LEGAL CONSULTANT)     30 November 2015

""Can anyone suggest me what are the next steps involved after you have been granted confirmed bail in 498 case?"

 Ans: U have to defend the allegations with merits.
 
"Is there any chance of getting 498A quashed? This is because I have got job offers lined up from govt sector and it involves police  verification."
 
Ans: Quash in Hc is only 30% chance and that too 
         on merits from UR side.

"I have already filed for divorce but there is a  hearing due following which the divorce papers will be sent to my wife, as informed by my lawyer. "

Ans: Generally only when the divorce is filed by the husband the criminal cases by the           wife 

Can I approach for a  mediation process and how soon can i put this thing behind me ? Will moving to high court be of any help to get my name acquitted of 498?

Ans:  Do U think at this stage mediation process would be fruitful?

 

 

         comes into picture.

 


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