vipin sharma 17 January 2020

bail on 2nd motion divorce

Dear Member,

Please help me out on below mentioned query.

I have already taken bail under section 498a & 2nd motion is also complete. now court gave us last date on 3feb for the final judgement. but now my lawyer said that you need to get bail again before 3rd Feb to cancel the 498a case as it's mandatory if not, then you need to go high court. please suggest me, is my lawyer gave me right advise or is he just making money???

this case is belongs to Ghaziabad court.

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Quick Summary

A user is seeking advice regarding bail for a 498a case after their second divorce motion is complete and a final judgment date is set. Their lawyer advised obtaining fresh bail before the judgment to cancel the 498a case, suggesting it's mandatory to avoid going to the High Court. Other members disagree, stating that existing bail usually stands unless violated, and suggest filing for quashing the 498a case on grounds of compromise after the divorce is final, potentially at the district court level.

4 Replies

Adv Deepak Joshi +917017821512 (Advocate) 17 January 2020

I dnt agree with point of your lawyer, once bail is granted it will sustain unless any violation in bail conditions. once your divorce is final then you need appy for quash on the ground of compromise between the parties.

vipin sharma 18 January 2020

i have told the same thing to him but he said that in that case you have to go Allahbad high court multiple times. but dis is also a process where u can quash 498a from district court by getting bail.

P. Venu (Advocate) 19 January 2020

The suggestion of the advocate is less than professional. However, you have not posted all the material facts that a meaningful suggestion could be made.

T. Kalaiselvan, Advocate (Advocate) 27 January 2020

Your lawyer's suggestion to obtain bail again is not acceptable.

Even if the court is passing any judgment against you, since you are already on bail, you may file a petition seeking suspense of sentence to facilitate you to prefer an appeal before the appellate court.

You may consult a different lawyer on this once again and skip this lawyer's opinion if the latest one do not confirm this lawyer's opinion.