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MASTHAN (Self employeed)     13 October 2009

facing 498A case... please help me

Hi All,

I am working in bangalore from the last 4 years and I am staying here with my friends. My parents are staying in their howetown, Once in a while i will go my hometown to see my parents, apart from that there is no relation between me and my parents and my brothers ( i have 3 brothers).

One of my brother recently married, now there are disturbances in their marriage life. They went to local police station and they attended family counsiling also but unfortunatly family counsiling did not helped them. Now my brother is seeking for divorce from his wife but she is not ready to give divorce.

Today morning I heard that my brother wife is planning to file a case against me as below.
"My husband is ready to continue his life with me. But his brothers only not allowing him to do that".

As I already told you my brother is not ready to continue his life with her. Since I am the key member for the family (because I am the only member earning money in my family and rest all people are dependent on me), she is planning to pull me into this case. Here I want to bring few points to your notice
(1) They (family members of my brother wife) are black-mailing me from the last 2 months , saying that " if your brother is not ready to continue his life with her, then will file a case against you by using some loopholes in the law".

 Almost 1 and half month back I sent a registerd post to local Sub Inspector of Police, DSP and SP explaining the complete situation. So far they have not taken any action on that  (the XEROX copy of the letter and registered post ack are with me now). They are really doing mental torture.

Now I am planning to file a black-mailing case against them in Bangalore. Do you think it is worth to file a black-mail case against them (before they file a false case against me) ?

Thanks,
Masthan
 



Learning

 13 Replies


(Guest)

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09325226691, 09271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

1.YOU NEED NOT WORRY . BE PRACTICAL AND PREPARED. YOU MAY APPLY FOR ANTICIPATORY BAIL TO THE DIST AND SESSIONS COURT OF THE AREA HAVING JURISDICTION . SHE MAY FILE COMPLAINT TO THE POLICE STATION WHERE THE MARRIED COUPLE RESIDED. YOU ARE APPREHENDING ARREST IN SAID CRIME UNDER SECTION 498A OF I.P.C. THEN YOU APPLY FOR ANTICIPATORY BAIL AND COURT WILL CALL POLICE REPORT AND MAY ALLOW YOU ANTICIPATORY BAIL.

2. YOU HAVE A GOOD CASE AS YOU ARE NOT LIVING WITH THE COUPLE AND YOU CAN PROVE THAT YOU ARE LIVING SEPERATELY DUE TO YOUR JOB.

3.YOU MAY FILE PETITION  TO HIGH COURT FOR QUASHING THE COMPLAINT IN CASE IT IS ALREADY FILED ,UNDER SEC.482 OF CRPC.HIGH COURT MAY QUASH THE SAID COMPLAINT AGAIINST YOU.

IN CASE ANY FURTHER HELP IS REQUIRED KINDLY SEND DETAILS OR CALL.

WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.

THANKING YOU

YOURS SINCERELY

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.

MASTHAN (Self employeed)     13 October 2009

Hi NandanKumar,

Thanks for your reply.

I heard that she is planning to file case from her hometown not from the place where my brother stays.

Is it mandatory to file case only the place where married couple resides ? or she can file from any where ?

Thanks,

Masthan


(Guest)

Mr.Mastan, Case is weak you need not worry. They are thinking that you can be implicated under Section 498A IPC easily. Keep in touch with a well experienced criminal advocate. Take care.

Feroz M Shafeeque (Police Officer)     13 October 2009

The case is usually filed at the place where the crime was committed (in this case ingredients of 498A).

 

Generally women file the case at the court or Police Station near their home town for their advantage. The lawyer who drafts the complaint narrates some sort of incident amounting to harrassment at the woman's home in order to make it acceptable.


(Guest)

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09325226691, 092781971251

e.mail adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

1 IN CASE THE CASE IS FILED U/S 498A AT HOME TOWN OF THE WIFE OF YOUR BROTHER THEN YOU CAN TAKE ANTICIPATORY BAIL FROM SESSIONS COURT OR HIGHCOURT HAVING JURISDICTION IN THE AREA. OTHER PROCEDURE IS SAME.

WITH BEST REGARDS TO ALL

THANKING YOU

YOURS SINCERELY

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.


(Guest)

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09325226691, 092781971251

e.mail adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

1 IN CASE THE CASE IS FILED U/S 498A AT HOME TOWN OF THE WIFE OF YOUR BROTHER THEN YOU CAN TAKE ANTICIPATORY BAIL FROM SESSIONS COURT OR HIGHCOURT HAVING JURISDICTION IN THE AREA. OTHER PROCEDURE IS SAME.

WITH BEST REGARDS TO ALL

THANKING YOU

YOURS SINCERELY

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.

MASTHAN (Self employeed)     14 October 2009

Hi NandKumar,

Thanks for quick reply.

How much i need to pay to get ANTICIPATORY BAIL FROM SESSIONS COURT?

Thanks,

Masthan

 

anil lalla (advocate , mumbai)     14 October 2009

i agree u have a good case for anticipatory bail, i would advice u to wait for an appropiate time to file application. u cant file a blackmailing case now except fear of false implication be informed to police. u may contact on 022-22633123 /22679019 / 9821031647 for help

MASTHAN (Self employeed)     14 October 2009

Hi Anil,

Could you please tell how much money i need to pay to get anticipatory bail,?

Thanks,

Masthan

Vicky (c)     14 October 2009

I am living under the fear of 498a against me. Although the FIR is not filed yet but I am expecting the same in near future against me and my family member. I filed an application in the session court for anticipatory bail but they dismissed the same after getting report from the police station that there is no case against me till date.

I have attested copies of anticipatory bail application copy and court's dismissal order for my application.

What should I do? Kindly help me.

bhupender sharma (advocate)     18 October 2009

Vicky, Pl. tell me where do you leave. If in Delhi then the case under section 498- A  is registered on the direction of the D.C.P concerned. Again you can file apetition for the anticipatory bail in this regard. (Bhupender Sharma, Adv.)

  

somesh kumar (prop)     23 October 2009

dear all

i am in delhi and my wife with me and i want to file divorce in delhi. if i file for divorce in delhi than her parents in u.p can file dowry case in u.p and if they file dowry case after i have filed for divorce what will be our condition to safeguard from divorce case because we have filed divorce case first

vivek dhavalikar (advocate high court.)     29 October 2009

gather substancial evidence and proof that husband and wife are living seperatly for past ----- so many months. helpful for divorce . or opt for haebius corpus petition before hon'ble high court. and enforce your matrimonial rights. for living together or get seperation


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