Fight for Justice (SE) 04 April 2012

498a: should i go for custody or anticipatory bail?

Hello,
I have already filed my divorce petition on ground of Cruelty & irretrival of marriage in court and staying seperate.
As a matter of fact, I have not taken any dowry - money/jwelery/any other material thing, or ever asked for it.

After 5 months of divorce petition, wife filled FIR under 498a, 504, 506, & Domestic Voilence against me and my relatives. They also claims dowry and expenditure of huge cash and huge amount of gold. She has contact with high police officer's.

Now, my lawyer is suggesting its better to police and go for 1-day PC & 1-day JC, atleast. On laywer's advice i didn't applied for AB for myself and other's. Lawyer's gives logic that in long run this my arrest will be benifitial on following points:
1. Interferance by any higher police officer
2. in satisfying her ego,
3. her recovery claim, and
4. saving other family members

Since, there will not be any recovery then this police report that there is no recovery will help us in nullifying her claim of cash and gold.
But, I am not satisfied with lawyer's logic?

Pls, guide me in this regard.

Thanks & regards-

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9 Replies

Manav Kalia (Arguing my own cases..) 04 April 2012

I am not satisfied by your lawyer's reasoning also. Of the four points you mentioned, they don't make sense to not apply for AB for you and your family. In fact for your protection and your family's apply for AB asap. Since you have already applied for divorce you can tell the court that these cases by your wife are retaliatory, and on the merits of your case you should be able to get AB for you and your family. Check your lawyer that is not working with the other party..

Saurabh..V (Law Consultant) 04 April 2012

@Author

Logics perceived by your lawyer are imaginary and infrutctuous in nature.

Please consult another good lawyer. AB is always a better option than any other available. AB has been put on higher pedestal by SC in one of its last year's judgment, named. "@Mehtre". It shows that an innocent person should always be given fair opportunity to bring forth the truth and meet the ends of justice.

All the best!

peace

Saurabh..V

1 Like

Manav Kalia (Arguing my own cases..) 04 April 2012

I totally agree @ saurabh, Pls check your lawyer that he is not working with the other side.. @ author

1 Like

Anis (Asst. Manager - Sales) 05 April 2012

Apply for AB immediately. Although it may be expensive than regular bail but you and your family will not have to face harassment of oing to PC or JC if you succeed in getting AB. If all of you don't t AB then maybe your parents and other family members may get it. This will reduce the pressure on you and you will be able to focus on your fight against this leal terrorism unleashed by wives. Don't give into their demands. Put up a strong resistance and fight your cases.

PM me if you need any help.

1 Like

Fight for Justice (SE) 05 April 2012

I have started to streamline my case in similar direction.

Lets, see how thigs turn up.

Thanks to all experts, specially Manav, Saurabh, and Anis.

Manav Kalia (Arguing my own cases..) 05 April 2012

You're welcome @ author..

Anis (Asst. Manager - Sales) 05 April 2012

You are most welcome. We should always help and share information to fight against these cheaters.

Foreign Marriage (Mgr) 08 April 2012

ridiculous logic, change that lawyer asap ! go for AB for all accused, court will ask girls side to contest the AB and ask for details from the police station where the FIR is filed.