Jatin (self employee) 12 March 2010

498 A

Dear all,

I m a private servent in Punjab state.I getting marrige before 01 yrs on date 27/02/2009,my wife are a quarrelsome type lady,she was quarrel with me before 02 months on date 02/01/2010 and going to delhi on our parentel house.

She giving an application against me & my family,in nearest womene police cell under SECTION498 A.

Now for my safe side,i m filed a petition in Punjab under SECTION 9 (RCR).The hounrable Courte giving me date of 23/04/2010.If 2nd party will not coming in courte so what can Courte do?My Respectable Advocate tell me,we will getting X PARTY case,Dear all,What is the full meaning with detail of X PARTY case,& tell me the easy and cheap process of Antycipity Bail Order,bcoz if the 498A case will be going to F.I.R. so i need the Antycipity Bail Order for me and all of my family member also.

Now my wife calling me before 02 days,and tell me to giving the DIVORCE,& she tell me I m doing the 2nd marrige.I save all the call recording.

Dear all,If my wife tell in police station(I m not ready to live with him),so what can i do in future.

THANKING YOU

REGARDS

JATIN

092168-66919

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2 Replies

Gundlapallis (Advocate) 13 March 2010

Dear Mr. Jatin : If you suspect or apprehend that your wife is going to give a false complaint attacting 498A you can obtain Anticipatory bail from the court covering the jurisdiction of the Police station where she is likely to give complaint. If the police register case against you - you have to face it and prove. that you are innocent. in the court. In matrimonial cases Aniticipatory bails are easily granted subject to conditions.

You have filed RCR and if she is not going to appear to give her version, your petition will be decided exparte - that means It will be decided by the court on the merits of your petition in her absence. The chances are more you will get a favourable order.

Telling that she will not live with you in Police Station will have no value don't worry about that. Since you have engaged an advocate follow his advice but on the issue to live or not to live with her take your own decision from your heart.

adv. rajeev ( rajoo ) (practicing advocate) 13 March 2010

Consult your advocate to get the anticipatory bail.

Ex-parte means : The case will be decided in absence of the respondant, because she remains absent her absency shows that she is admitted the facts of your case. When summons issues to the respondent if the person rejects to take the summons the belief will report the same to the court then court consider his/her refusal to take the summons and passes an order of Ex-parte.