False 498a, on interim bail, mediation failed
Avinash
(Querist) 04 September 2014
This query is : Resolved
Hello Experts,
I am in a dire need of your suggestions. I was married only for 4 months when my wife left my house without any reasons. When I called her back she denied then I filed for divorce. After receiving the divorce notice she filed for a false DV, 498a, 323, 324, 506 and DP 4 against me and my mother.
I was able to get AB for my mother but for me my advocate got Interim bail for mediation. Which I was against it. Now during mediation I came to know that they do not have any evidence against me other than just the allegations and two relatives who is going to give witness. But they were staying in a different city and never visited my place after our marriage. She is demanding 20 Lakhs as alimony for withdrawing the case.
Now I need your help with the below questions.
1. She filed 498a after receiving the divorce notice will that help me get the interim bail converted to regular bail?
2. She has not submitted any evidences to prove any of her allegations. Now is it she who has to prove that the allegations are right or I have prove I am innocent?
3. When the she filed a DV she asked for 10 Lakhs and now 20 Lakhs during mediation. I am not willing to pay her anything.
4. Mediator has asked me to come on 20th of September to say how much I can give her. Is it necessary for me to go for the mediation or I can just send my advocate to communicate to them that we are not willing to pay anything and willing to fight the case on merits.
5. What will happen to my interim bail incase the mediation fails due to these reasons?
Devajyoti Barman
(Expert) 04 September 2014
1. Yes
2.During bail hearing such evidences are given little consideration.
3. Do not pay either.
4.You better sttend and make your own case.
5. court will decide on it.
Raj Kumar Makkad
(Expert) 04 September 2014
Mediation is just an effort to bring the parties to reach a mutual settlement which in the given case is beneficial for you. Though you can deny to take part therein and the court shall proceed the matter further for next course of action and your interim bail application can also be rejected in that situation.
Avinash
(Querist) 04 September 2014
Thank you experts for your suggestion.
1.Does it mean that even when I am not guilty and have evidences of so I need to go to JC or PC?
2. Even when it is clear that she has done the case after receiving my divorce notice to harass me?
3. Even when she it is clear that she is just behind money and came to this relation just for money and left within 4 months of marriage?
4. What can I do to safe guard myself?
Devajyoti Barman
(Expert) 05 September 2014
1. Yes if the court refuses to grant bail.
2.yes but chances of bail in such cases are very high.
3.Such things are not considered in bail petition hearing.
4. apply for bail.
Rajendra K Goyal
(Expert) 05 September 2014
1. Innocence can be proved during trial before it you can be sent to PC or JC if court so order.
2. yes, cases are generally initiated after husband file divorce petition.
3. court does not consider these unproved facts at this stage.
4. Apply for bail.
ajay sethi
(Expert) 05 September 2014
yo need not bow down to her black mail tactics . with recent SC judgement in 498A cases you will get bail .attend mediation it is in your own interest contest case on merits .
Avinash
(Querist) 05 September 2014
1. Are there two different applications for regular bail and anticipatory bail?
2. Is it possible to file another application for regular bail even when my interim bail is pending?
malipeddi jaggarao
(Expert) 05 September 2014
You are sufficiently advised by the experts. No need to add more. for procedural aspects, you can consult your advocate.
Raj Kumar Makkad
(Expert) 05 September 2014
1. Regular bail is moved before the concerned court wherein such case is pending whereas anticipatory bail application is moved either before Sessions Court or High Court.
2. No.
Biswanath Roy
(Expert) 05 September 2014
ALLEGATIONS RAISED AGAINST YOU AFTER FILING YOUR DIVORCE PETITION ARE APPARENTLY AFTER THOUGHT AND FRESHLY COOKED UP FOR MALAFIDE MOTIVE. THE GODDESS OF JUDICIARY IS NOT BLIND ALTHOUGH HER EYES WERE FASTENED WITH A PIECE OF BLACK CLOTH. YOU SHALL HAVE TO PRAY FOR REGULAR BAIL BEFORE TRIAL COURT.ATTEND BEFORE MEDIATION TO SHOW YOUR GOOD GESTURE AS A LAW ABIDING CITIZEN WHICH WILL ESTABLISH YOUR BONAFIDE INTENTION FOR MUTUAL SETTLEMENT.
T. Kalaiselvan, Advocate
(Expert) 08 September 2014
You apply for regular bail and also attend the mediation but refuse to pay even single penny,the mediator cannot force you to pay, he may give an adverse report, let him give, face the case and challenge all her false allegations properly in the court, these girls of modern days think that they know everything better than anyone, let them be taught good lesson and this be a lesson to other girls who are taking advantage of gender biased laws.
malipeddi jaggarao
(Expert) 09 September 2014
I fully endorse the views of expert Shri Kalaiselvan. Leniency of law towards feminine gender is to protect the real sufferers whereas in this modern society women became more equal and slapping false cases on the husbands taking advantage of law. Law also already noticed this misuse and started delivering judgements correcting the position. It may take more time to correct the position completely.
