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shivani (housewife)     08 June 2016

Anticipatory bail.please help

Husband and inlaws applied for anticipatory bail under 498a and 406.i went for the 1st hearing without lawyer.husband's lawyer said that i demanded alimony etc..etc.husband already filed for divorce in 2013. i told the judge that i want to save my marriage.and that i don't want the arrest of husband and inlaws.and that cruelty has been done by husband and inlaws that is why all these cases started.so judge said that it is a good thing that i don't want any arrests.judge said that accused won't be arrested and the judge has reffered the matter for mediation and the judge said that u might reach a solution.he gave a date for august.. 1.so sending the matter for mediation will make my case weak ? 2.Mediation is negative for me ? 3. Saying this in the court that i want to save my marriage will go against.me?


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 14 Replies

saravanan s (legal advisor)     08 June 2016

I dont know how you can save the marriage after your husband had filed for divorce and you filing 498a.if mediation fails the case would go back to the court.

Shreshta@ JA Beno AOR supreme (AOR supreme court of india )     08 June 2016

Court will not just grant divorse as your husband just wanted it and its life of a indian women and you are clear in your thought and present the same before mediation,; dont be panic and exibit the facts before the mediation and file a RCR and express your will and wish to live with your husband.

Shreshta R Sandesh

9999199784

shivani (housewife)     08 June 2016

@ saravan - i don't know why are you giving an advice for which i didn't ask.. if u can't reply in a legal manner then kindly don't give a personal opinion because already am justifying a lot in the court..

shivani (housewife)     08 June 2016

@ shreshtha- thank you for your opinion.. keeping a mediation by the court under anticipatory bail will go against me? If the judge asks that why did i file 498a if i want to save my marriage so will this point make my case weaker ?

shivani (housewife)     08 June 2016

@ shreshtha- thank you for your opinion.. keeping a mediation by the court under anticipatory bail will go against me? If the judge asks that why did i file 498a if i want to save my marriage so will this point make my case weaker ?

Vakalath (Vakeel No. 1)     08 June 2016

If mediation works you can join back, but remember Bottled up anger can do more damage than anything else in such cases as yours.  So be prepared for the worst.

 

If there is no scope for reunion, then go for MCD, dont go for contested divorce and waste your life in courts and dont remarry and spoil one more mans life will be my advice.

shivani (housewife)     08 June 2016

@ vakalath- how can u say that only a lady can spoil a man's life ? In my case am the victim.. u hv no clue wat al i have been thru these 8yrs.. my husband has hit me badly and i used to have bruises still i didn't for the arrest of my husband.. 2ndly do u hv a sister ?? It seems u don't..bekasoor beti ko jab sasural wale pain dete hain toh u hv no idea ki kaisa feel hota hai parents ko..do not give a personal comment bcz lci is a legal platform.. i can alwaz visit a marriage counsellor if ever i need a personal advice.thank u

joy   08 June 2016

My dear Shivani,

First of all I want to congratulate you that you have brought your husband to justice system. I know he must be scared now after hearing about 498A and subesquent bail.

No, your case will not be weak as you said, you don't want any arrest. Can you please tell in which city you have filed 498A case to give you more insight about this case ?

Second, mediation is about settling the matter amicabely instead of going for trial which will eat your good healthy years and at the end you both are nowhere.

Since you want to save your marriage and at the same time punish your husband and in-laws. I am not sure how your husband will take it. I pray that your marriage life gets saved by this 498A case and you live happy life.

Please keep us updating. Thanks

Eerangere Sana (Excellent Lawyer)     08 June 2016

Any advice about mending behaviur will fall on deaf ears is my understanding.

 

In given situation, ball is in ur husbands court, it depend on him whether to reconcile or not.

Whoever might be guilty or not guilty, when matter go to court, relationship is over. Any effort to unite the couple by force or other means will only be detrimental to lives of the people who all are involved.

 

Many a times things have lead to murder.  

Crying over split milk is of no use.  One has to think before doing anything.  Each one is responsible for her/his own actions and life's problems.

shivani (housewife)     08 June 2016

@ joy- thanks a lot for your advice.. thankfully you are giving a proper legal advice.. otherwise people are just passing there comments without even thinking what all am i going through already.. bcz no one understands that if i have filed 498a then it was after a saturation point. Husband and inlaws have filed 4 cases then ultimately i had to file 498a bcz staying quiet has been taken as a weakness by my inlaws.. anyway.. my cases are going on in delhi.. judge has told my husband's lawyer to try for reconciliation.. my 498a case is not false..in the FIR also it is mentioned at several places that i want to save my marriage.. please guide me if u can..i live in delhi and cases are going on in saket court.. thanks..

shivani (housewife)     08 June 2016

@ joy- thanks a lot for your advice.. thankfully you are giving a proper legal advice.. otherwise people are just passing there comments without even thinking what all am i going through already.. bcz no one understands that if i have filed 498a then it was after a saturation point. Husband and inlaws have filed 4 cases then ultimately i had to file 498a bcz staying quiet has been taken as a weakness by my inlaws.. anyway.. my cases are going on in delhi.. judge has told my husband's lawyer to try for reconciliation.. my 498a case is not false..in the FIR also it is mentioned at several places that i want to save my marriage.. please guide me if u can..i live in delhi and cases are going on in saket court.. thanks..

(Guest)
Do u think court will save your marriage ? Abolutly no so you and your meet in one place and coming to one solution.life is too short ok.I am also one of the victam in 498a case but I filled reverse case against both party and police .now I am doing job in abroad and I got exception from court appearence .now opposite party and police including one sp,dsp,one co,one si roaming around court.so my advise is sit together and discuss to come to one solution.

shivani (housewife)     08 June 2016

Thank you @ adv gonjare

A walk alone (-)     09 June 2016

Sister you have done blunder by filling 498 a if you want to continue your marriage you should file RCR instead of it. Anyway in mediation nothing happens first day counsellor will ask you what happens why you file , your problem. Then he will ask what do you want. This counsellor will ask from both of you. If your and your husband opinion come to one point like you both want to live together or MCD. Counsellor will call you for mediation for many times after some days interval. If you both agreed to live together on some mutual condition counsellor may give you 2-3 months to live together. After that he will ask both of you decision. Counsellor will help you to reach at one mutual decision.

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