Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Raj (fr)     27 January 2013

Ground of bail counter blast

Sir,

If wife send by email to the bosses of husbands and some women organisation of his cruility and asking to give her a part of salary.Has this any legal value.7 months after this if husband file for Divorce on ground of cruility she done for last 8 years of marriage.Then now if wife files 498A(false) against husband ,will the bail be given on the ground of counter blast.Will it be better to say "after thought" or "counter blast" she deserted 8 months back.

Rgds,

Raj



Learning

 7 Replies

VINOD VERMA (C E O)     28 January 2013

complaint under 498A can be filed within 7 yrs of marriage only. The grant of  bail  would be subject to allegations levied in the FIR. 8 yrs of marriage is a long time and the fir under sec 498Amight not be accepted by the law. Moreover, employers can not part with you salary even a penny into the wifes account as long as you are alive or there is acourt order to this effect.

Raj (fr)     28 January 2013

Yes 498a can be filed at time after mariage,that is ok.If private complain made after Divorce file is suit will it help  for bail,in this case Anticipatory bail is not applicable.

Chetan Joshi (Advisory/Advocacy)     28 January 2013

Bail is a matter of right...If you can convince the court of its authenticity then I don't think there can be reason for not granting the bail....

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com

1 Like

Raj (fr)     28 January 2013

convince the court of its authenticity ,what authenticity i need to prove?

If its private complain I need to plea for bail,AB not required,as I perceive.

Rgds,

Raj

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     29 January 2013

Idealistic scenerio.

 

It all depends where the case is. What are the allegations about the Stridhan????

 

 

 

Regards,

 

Shonee Kapoor

2 Like

Raj (fr)     30 January 2013

they have not blasted yet but till now refused all my calls ,MO sent,Legal notce served not accepted,mat suit done,they are scared of all the ills done against me, i started legally.we are n different states.lets see camel sts whch side...


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register