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Anup Chandra (Manager)     29 January 2012

498a/504/506 in up

My wife has filed a false 498a/504/506 against me and my family members in her current parental area which is located in UP.  We are staying separately since eleven months. I am staying in Maharashtra state. I have filed an RCR agaist her since past seven months. I am going for the Arrest stay from High Court in next 5-6 days.

Kindly advice the procedure I have to follow after getting the Arrest Stay from the High Court.

Whether i need to take the bail ? If yes, how and where ?

If I get the bail what will be next procedure ?

Whether whole family need to present in the court and take the bail ?

Please advice. Thanks and regards 


 7 Replies

Sanjeev (Lawyer)     29 January 2012

the arrest stay application is filed by filing a writ in the allahabad high court the order would direct you and the other side for mediation and untill mediation results the arrest will be stayed. it may be a mediation at the allahabad high court mediation centre or local mediation at the court in which the case is filed.

you will be directed to deposit some money approx 10k for the travel and stay of the victim to the mediation. if the mediation succeeds than the case would be quashed and you wont need a bail but if it fails you will need to seek regular bail.


so till mediation you wont need bail will guide you further steps when time arises.

M Madhu Prakash (Advocate)     29 January 2012

I will accept the adivice of sanjeev, If required you take a AB .

Anup Chandra (Manager)     30 January 2012

Thanks for your advice. Kindly suggest how I can obtain the AB?

Anup Chandra (Manager)     30 January 2012

Thanks for your feedback.

My wife earlier lodged a similar complaint in a Women Cell in UP against which I was present in the first date and supported the officials there. I also submitted the statement in which I mentioned that I still ready to take my wife along with me. But that time she and her family did not get ready. After that 4-5 date notices I received from the Women Cell but I never turned up as I already made my statement and there was no point of going there.

My wife never turned up for any RCR dates in Mumbai which is still pending in Mumbai. Case is 8 months old now.

Please advice what will be my stand if HC directs the matter to the Mediation Centre again?

Honestly speaking, we really dont want to go for any mediation and wanted to come of this case. Please comment. Thanks

Sanjeev (Lawyer)     30 January 2012

There is no AB provisions in UP so you are on the right track for stay of arrest

Sanjeev (Lawyer)     30 January 2012

you will be in a very bad position if u dont appear for mediation and if you miss a single date you will loose your stay of arrest. The case will be dismissed by HC the day mediation centre submits the report of mediation failure. The bail is very difficult in 498a charge in UP so never think you are in a better position if stay is granted.

You might feel that mediation will fail but you never know it succeeds. seek further guifance when stay is granted.


Can you please call me 9971547933 I have missed your number

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