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RB (SE)     09 July 2012

Anticipatory bail for 498a

Hello,

My marriage took place in last Nov which was arranged.  After few days of my marriage, Me and my family felt that she is not at all adjustable and every now a days goes to her mother's place and fight with me and my parents.

She is abusing my parents like anything and me as well. Whihc has become untollerable. I cant hear these words for my respected parents and fell like doing suicide as for me my parents are seeing these days. From last two days she is threatening us 498a and in this whole case her mother is the most provocative person for her and her brother as well. My FIL is simply a puppet of their hand.

Now, anyone can help me how to take protection of this situation & take prevention before registration of 498a or any other cases?

 



Learning

 14 Replies

RB (SE)     09 July 2012

Requesting you all to guide and advice me asap as we are very frightened of the situation. 


(Guest)

Check 498a.org and get 498a survival guide.

Let them first file FIR after that you can go for AB.


(Guest)
Ur case is same as mine.

RB (SE)     09 July 2012

So what was done by you..how did you proceed sir

RB (SE)     09 July 2012

SIr...if they file first then arrest will happen I believe which will be the most prestige matter for my elderly parents. No one want that to be arrested.  Can you suggest for being in safe side

Foreign Marriage (Mgr)     10 July 2012

There is no escape, no mercy from 498a. in my case i got evidence collected in form of mails, sms, voice records etc to show the judge. Successfully got AB for myself and parents without a complaint being registered !

You will need solid proof that threat of arrest exists. It is possible to get a limited 60-90 day bail from a witty judge.

This isn't blanket cover but no magistrate will go against a positive bail judgement if the need arises in future. So act and file your relief today.

RB (SE)     13 July 2012

Anybody...pls help e on this....my wife and her brother continuously threatening me, sepecially my parents (thru me)...need desparate help....guide me

Anis (Asst. Manager - Sales)     14 July 2012

Send a legal notice to her mentioning all the harassment she has caused to you and your parents. Submit a copy of the legal notice to in your local police station. This will ensure that you are the first to take action against her and then if she files FIR then it will become an afterthought. Also check the house whether she has taken any precious jewellery with her. if yes then mention the same also in your legal notice as if she files a Sec.498-A case then she will also add Sec.406 against you for recovery of Streedhan and if she has taken her gold jewellery with her then you will be in trouble. So don't delay and send the notice to her. Go to the police station with your lawyer to submit a copy of the legal notice. Send the legal notice by Registered AD. If the police refuse to take the copy then send it via Registered AD to your local police station and the DCP office of your area.

Anyways you will get a 498A now or after few days. So it is better to take the first step so that all their actions become afterthought. If the house is in your name then transfer the house immediately to your parents name as she can claim Residence Order under DV Act.

After sending the notice, don't allow her to come back as she will cause more trouble to you. PM me your mobile number and I'll call you for further help.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 July 2012

Various groups organize weekly meetings. You can also join www.498a.org

 

You bcan discuss the problems in weekly meetings in detail.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
2 Like

Akash (NA)     15 March 2013

Hi Sir,

Is there any any any way to escape maintainance?

I am working but my wife does not know about it. Even if they doubt how can police or anyone find out that i am working?

I dont have property on my name , nither my parents have any property , only its on name of my sis who got married.

I am enginer but my wife is MBA although she is not working so education wise i can prove she is more qualified also her fatrher owns a property of 2 crore. She has one bro and acording to the law , she has right of 1 crore. I dont have any property. just working at sal of 25000 per month as software engg with private MNC.

My question is as girl and their family does nt know that i am working , can i hide it or can police investigate it that i am working?

What if i quit my job, as i dont have property , no cash on my name so will i be again asked to pay maintainance?

my wife more educated than me, 1 crore property part in her fathers property, only she is non working.

Please anyone , help me out how to escape from wasting money in maintainance to stupid wife?

 

 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     16 March 2013

Akash,

 

You may minimize maintenance but avoiding it altogether is possible only if she is/ was working.

 

The property of her father would not effect the maintenance amont.

 

1 Like

Manish Udar (www.Mehnat.IN)     20 March 2013

Let the invitation come from the CAW Cell. Then proceed.

CAW Cell Procedure for 498a

Nitish Banka (lawyer)     22 April 2018

Posted by: Nitish Banka  Categories: Criminal Law 
 

 

Anticipatory Bail in 498a

Anticipatory bail in 498a is advisable and recommended

A family comes under pressure when they come to know that a FIR under section 498a has been lodged in police station.

The first cause of stress is call be Investigating Officer to join investigation to old parents, husband, husband sister or brother.

The trauma is whether they can be arrested or not.

It is not advisable to visit investigating officer without protection from the court this protection is termed as Anticipatory Bail.

The process of getting Anticipatory Bail in 498a

The chances of getting bail under 498a is quite high as I have already discussed in detail in one of my articles

chances of getting anticipatory bail 498a 

The conditions of anticipatory bail are not very stringent but if they are stringent it can always be challenged. I have discussed in detail the conditions Conditional Anticipatory Bail 498a/406

Now as per the judgement of 498a under Rajesh Sharma versus State of Uttar Pradesh. there is a stay on automatic arrest in the cases of 498a. But this judgement is challenge in higher bench and revisit the judgement.

Image result for anticipatory bail

Anticipatory Bail in 498a

Therefore still the permission of getting kin and husband arrested is less. But family will never know whether the permission of arrest is granted or not so there is an apprehension of arrest in 498a and therefore it is advisable to get 498a.

Grounds to argue 498a bail application

  1. Old parents this ground works if parents are old.
  2. Prior divorce petition pending.
  3. Strong roots in society
  4. Ready and willing to join investigation.
  5. Vague allegations
  6. Delay in filing FIR
  7. Return of streedhan articles.

Courts View

Courts will ask for status from the IO. Gen really IO will tell the court that whether permission of arrest is granted or not and if it is not granted then the court will most probably grant interim protection of arrest for certain period of time i.e 7 days so that the IO. will send notice of arrest and on this notice the party will again apply for anticipatory bail in such circumstances.

This is right strategy to abate any arrest circumstances.

By.

Advocate Nitish Banka

9891549997

 

Nitish Banka (lawyer)     08 June 2018

Posted by: Nitish Banka  Categories: Criminal Law 
 

 

Anticipatory Bail in 498a

Anticipatory bail in 498a is advisable and recommended

A family comes under pressure when they come to know that a FIR under section 498a has been lodged in police station.

The first cause of stress is call be Investigating Officer to join investigation to old parents, husband, husband sister or brother.

The trauma is whether they can be arrested or not.

It is not advisable to visit investigating officer without protection from the court this protection is termed as Anticipatory Bail.

The process of getting Anticipatory Bail in 498a

The chances of getting bail under 498a is quite high as I have already discussed in detail in one of my articles

chances of getting anticipatory bail 498a 

The conditions of anticipatory bail are not very stringent but if they are stringent it can always be challenged. I have discussed in detail the conditions Conditional Anticipatory Bail 498a/406

Now as per the judgement of 498a under Rajesh Sharma versus State of Uttar Pradesh. there is a stay on automatic arrest in the cases of 498a. But this judgement is challenge in higher bench and revisit the judgement.

Image result for anticipatory bail

Anticipatory Bail in 498a

Therefore still the permission of getting kin and husband arrested is less. But family will never know whether the permission of arrest is granted or not so there is an apprehension of arrest in 498a and therefore it is advisable to get 498a.

Grounds to argue 498a bail application

  1. Old parents this ground works if parents are old.
  2. Prior divorce petition pending.
  3. Strong roots in society
  4. Ready and willing to join investigation.
  5. Vague allegations
  6. Delay in filing FIR
  7. Return of streedhan articles.

Courts View

Courts will ask for status from the IO. Gen really IO will tell the court that whether permission of arrest is granted or not and if it is not granted then the court will most probably grant interim protection of arrest for certain period of time i.e 7 days so that the IO. will send notice of arrest and on this notice the party will again apply for anticipatory bail in such circumstances.

This is right strategy to abate any arrest circumstances.

By.

Advocate Nitish Banka

9891549997

 


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