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(Guest)

Wife filed false 498a, demanding speedy trial

Hi, 

My wife has  fasely filed 498A against me and my family. Although my father and mother have got bail .. I am currently serving 41 A notice by the police. Let me explain the situation... My wife and I were married for over 6 years but due to her reckles behaviour and her constant abusive nature, drunken state and hysteric berhavaiour has  pushed me aside from her.. I was left with no other option to distance myself from her both physically and mentally.... lthough I tried to give our relationship a chance , she went ahead and all of a sudden filed 498A against me and my family...

The thing is I am already working on my bail but in due time i have formed a relationship with a girl and its nothingphysical  but we are both drawn to each other knowing our sad and intolerant past....The girl happens to be muslim and I am  hindu.. Given my ciircumstances.. i know i am in no position to think about all this ... but experts over here would be able to help with one query that I have... I f i get converted to Muslim from hindu can i marry her and if i get a bail in 498A  can i demand a speedy trial to put his case to an end ? i want this divorce soon so that i can also start a new life i hope people here will understand what i am trying to say 

Please advise. 



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 13 Replies

saravanan s (legal advisor)     24 August 2015

even if you convert to islam and contract a marriage with the muslim girl while the earlier marriage is still subsisting you will be accused of bigamy.

 

SAINATH DEVALLA (LEGAL CONSULTANT)     24 August 2015

Not only earlier marriage but  also 498A existing,will land U into further legal hurdles ruuining UR life.


(Guest)
If I get a bail then can I demand a speedy trial from the court ...how long does it take to end this case approximately if I demand a speedy trial please let me know ...also if there is another way out please advise on the same

(Guest)
If I get a bail then can I demand a speedy trial from the court ...how long does it take to end this case approximately if I demand a speedy trial please let me know ...also if there is another way out please advise on the same

(Guest)
I have already filed divorce although but the other party hasn't responded as of yet

(Guest)
Thanks for your reply my friend ...let me tell you one thing...the notion you hold is not entirely true... There are still women in this planet who can inspire, motivate and give you the love that you need and crave for ....my marriage was a mistake and I want to rectify it now but that doesn't mean I have lost faith in the foundation of a relationship that is marriage it's a great institution ... The thing is I want to know what are the grounds under which I can demand a speedy trial my so called wife has not turned twice for the seizure list .... And have not replied to my divorce petition yet so please anyone tell me what are the grounds for me to demand a speedy trial and what are the grounds that can help me squash the 498 that has been made please experts enlighten me I need your valuable advice

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     26 August 2015

Even though you convert in Muslim still she can file bigamy against you. Better stay in live-in-relationship. Live-in-relationship is legal. She can’t do anything even if you have child. 

 

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

 

https://www.lawyersclubindia.com/forum/Why-speedy-trial-amp-perjury--124819.asp#.VbzWibOqqkp

 

https://www.lawyersclubindia.com/forum/Why-speedy-trial-and-perjury--124820.asp#.VbzWx7Oqqko

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     26 August 2015

 

@ Mr. TGK Reddi,

 

Here are  the grounds. - 

 

 

a) Personal liberty cannot be deprived as per Article 21 of Indian Constitution for slithering trial.

 

b) Read sec. 21-B of HMA and 40-B of SMA, under these trial courts has special power to dispose of any trial within 6 months since 498A is considered a matrimony related trial.

 

c) Under 483 CrPC High Court has special superintendent power over trial court to dispose a trial expediently.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     27 August 2015

@ Mr. TGK Reddi, You are welcome, my friend!


(Guest)
Thanks a lot I am getting a clear idea of things now I would like to ask one for thing...police has issued a 41A notice to me ...does that mean I will get an anticipatory bail ? Or can it be rejected ? Please let me know

(Guest)

My lawyer is trying for bail although i have got 41 A notice... he talks about interim bail in event of my regular bail or anticipatory bail getting refused ,, how effective is interim bail ??? anyone please advise

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     31 August 2015

Sorry for late reply.

Supreme Court has order for no automatic arrest. Please see the attached judgment.

You can apply anticipatory bail in session court or High Court u/s 438 CrPC by showing the following judgment as citation to be in safe side.

 


Attached File : 238522 20150831153531 556300252 citation.pdf downloaded: 51 times

(Guest)

@ Rocky Smith

thank you sir for your reply. I would like to mention one more thing. The FIR filed by my wife has false claims that she had given me money to purchase a car. She said she has given down payment of 55000 whereas the actual down payment of the car was 50000 out of which she by her own will wanted to bear a sum of 30000 and that has been returned to her by me in the next month of purchasing. The car is hypothecated to UCO Bank and the loan application has my wife's name as co-applicant. The insurance also had her name in the nominee but recently I had to renew my insurance and I have chaned that to my mothers name. I have been paying all EMIs till date and every other car documents is in my name only. My question is does she have any right to claim my car? Please let me know


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