498a after second marriage

Querist : Anonymous (Querist) 31 October 2010 This query is : Resolved
respected all,
my client (husband) obtained a ex-parte divorce decree from his town u/s 13 HMA the wife didnt appear in the case.he filed the suit in june 2009 ane got decree in 2010 march. then the husband did second marriage in june 2010. in the mean time the wife intituted the case u/s 498a in her town that is in august 2009 most probally when she recived summon for divorce case.she is doing highly paid job in a college.the husband is currently living in abroad and doing jobwith his second wife .the husband and the first wife were living seperately from 2006.case is done on husband, father in law and mother in law.mother in law is ill and permanent handicapped.father in law is also 70 year old man.
now my query is :
1)how can i file bail of husband he is abroad who will execute the bail bond.
2)what is the chance of quashing the case as allegation is also only about mental cruelty no demand of dowry.
3)any relevent judgement for trail or also for quashing.

Follow Query

Report Abuse

Raj Kumar Makkad (Expert) 31 October 2010
You eeed not file bail application on behalf of husband rather directly go to High Court under section 482 seeking quashing of FIR on the grounds you mentioned in the query itself and also state the present status of allged 'husband'.

adv. rajeev ( rajoo ) (Expert) 31 October 2010
The act of the wife clearly shows that only to harrash the husband she has filed 498A case against the husband.
It is good case for quashing of FIR. Produce the documents to show that she is living separately since 6 years and decree of divorce.
File a writ before the High court along with an application for stay of the proceedings in criminal case( lower court).
Once stay is granted question of taking bail does not arise.

PJANARDHANA REDDY (Expert) 31 October 2010
IT IS A FIT CASE FOR QUASH UNDER 482 OF CR.P.C IN THE HIGH COURT.

s.subramanian (Expert) 31 October 2010
I agree.

Querist : Anonymous (Querist) 31 October 2010
yes fit 4 quashing

Querist : Anonymous (Querist) 31 October 2010
thanks to all for replys. sir this is a complaint case and the wife is living seperatly for 4 years .sir i am filing bail for mother and father in law.and according to u all i should go for quashing without filling bail for husband .sir any relevent judgement also.and yes it is true that wife has done the case just to harash them.

Devajyoti Barman (Expert) 01 November 2010
No you should first apply for bail and then o for quashing.

Querist : Anonymous (Querist) 01 November 2010
devajyoti sir when husband is abroad what is the process of filing the bail .how will he furnish the bail bond.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now