(Guest)

498A stay order

I am implicated in a 498A case and got a bail from the sessions court. My family members also implicated in the case have secured a arresting stay from the Allahabad High court.

I have a question that whether family members would need to take a regular bail from the sessions court as the arresting stay would expire and the chargesheet in the case would be filed in another 3 months.

Second question that my wife has made many false allegations in the FIR that we have taken all her streedhan and her belongings. what will be the basis I will be able to prove that she has taken all her jewellery as she always used to keep it with her and I dont have it but still she has claimed..

Third- I want to counter charge against my wife as feel that I have been falsely been implicated in this case. Is any remedy available to me to take action against them as I faced too much humiliation and trauma in the initial 498A proceedings that was carried out..

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4 Replies

Adv Archana Deshmukh (Practicing Advocate) 18 July 2010

You can file a case of defamation against her.

Guest (Guest) 18 July 2010

Yes. They have to take regular bail once they are asked to appear before the magistrate.

The burden is on the wife to prove that "stridhan" is lying with you. She has to prove that there is stri dhan and source of income to create/purchase the stri dhan, that has been left out in your possession, while leaving your association. Till she proves all these things, you have nothing to prove.

If there is any false statement in the court of law - perjury and defamation. the success rate is so low on both these accounts.