498A, 406, 506 &34
Querist :
Anonymous
(Querist) 07 December 2009
This query is : Resolved
I got married in feb 2009 and that girl have put all those cases on my family and my uncle family. My uncle family belongs to haryana and the girl also belongs to same state wheras i am in other state from many years. But the case was registered in Haryana. So what can be done in this case?
1.Shall my family & uncle family have to take Bail and how this case can be dismissed as its a completely false case.
2. where as i have put divorce case before they have put all those case in my state where i am staying.
Adv Archana Deshmukh
(Expert) 07 December 2009
Go for anticipatory bail. You can also argue that the cases have been filed as a counter blast to the divorce case filed by you.
Raj Kumar Makkad
(Expert) 07 December 2009
Despite of long sentances, you have not described which cases have been filed by your wife.
I presume those might be FIR under sections 498A/406 IPC and another under P.W. Domestic Violence Act.
You will have to face the trial of rhe cases by engaging a reputed lawyer and during the investigation, you represent the police officials to the effect that the allegations are false and your uncle's family is not related directly with your family dispute of any type. Police also take cognizance of such matters in right propective and generally all other relatives except husband, father in aw and mother in law are challaned by police.
Querist :
Anonymous
(Querist) 07 December 2009
MY wife has put four sections IPC -498A, 406, 506 &34.
I got married in feb 2009 in Haryana and my wife have put all those cases on my family and my uncle family.
My uncle family belongs to haryana and the girl also belongs to same state wheras i am in Andhra Pradesh from many years.
But the case was registered in Haryana. So what can be done in this case? 1.Shall my family & uncle family have to take Bail
and how this case can be dismissed as its a completely false case. 2. where as i have put divorce case before they have put all
those case in my Andhra Pradesh where i am staying.
Raj Kumar Makkad
(Expert) 07 December 2009
I have already replied against both your quarry. I reside in Haryana and tell me clearly what help you require in the case filed against your family and relatives.
Querist :
Anonymous
(Querist) 07 December 2009
please suggest me what can be done....Can my wife take Andhra Pradesh case to haryana at any point of time...
Kiran Kumar
(Expert) 07 December 2009
pls note as per latest judgment, FIR under S.498-A can be at a place where the curelty was done or where the actual offence was committed and not at any other place.
N RAMESH.
(Expert) 07 December 2009
Yes. It is possible that she can take steps to transfer the Divorce case from AP to Haryana by filing transfer petition before Supreme Court.
Mr.Makkadji has answered your question clearly.
Sachin Bhatia
(Expert) 08 December 2009
1) Yes your family & your uncle's family have to take Bail from the court. For dismissal and quashing of Fir one has to go through detail contents of the FIR and complaint.
2) You have file divorce case before all this will be helpful in your case.
I am Practicing in Haryana, don't hesitate to contact in the event you required any clarification.
Sachin Bhatia
Advocate
09812283330
Querist :
Anonymous
(Querist) 09 December 2009
As i told you that i am a permanent resident of Andhra Pradesh so i dont have any proof of Haryana Govt. Like Driving licence,Election Card or Voter id So can my family get the bail without having all these...
Moreover in that FIR they have not mentioned any kind of Andhra Pradesh address so can the Police people can come to Andhra Pradesh.
