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Avinash Gour (NA)     02 September 2012

False ipc 498a, 323 and 34 ***need experts advise***

 

Hello Experts,  

In order to proceed further on false IPC 498a, 323 and 34 case, I would need your expert advise on following questions. Kindly advise on same:

 · After getting Anticipatory bail, kindly advise how to apply regular bail in Local Distt court? Is there any special way to put for regular bail, with respect to Anticipatory bail ?

 · My Wife is not ready to leave our home and also do not want parents to go back to home. If they (Parents) forceful enter, then she will again go to police for any other false charges (She said clearly to us). In this case what should we do? How we can get out her from our home? However, we proposed her to keep her in any other separate home (rented), but seems still she is not interested. Please advise if any Legal process to do something on it?

 ·    Can My Father Legally disown me and get the home back? As Owner of property is my Father, not me. Please advise if we can do so?

 

·    One of the essential ingredients of IPC 498-A is “unlawful demand”.

As per our understanding - Cruelty under 498-A is defined as “harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her meet such demand”.

It appears to us that there is no “unlawful demand” mentioned in our case(Nothing mentioned in F.I.R. about it) So can we apply for any one of below to ‘dismissed’ 498a at least?

     1. Apply for quash under Crpc 482

2. Apply for discharge under section 239

3. Apply for alteration of charge under section 216

      If Yes, then please advise which Crpc/Section we should apply and where? In Distt court Or High court?

Looking for our guidenace on same and Many Thanks in advance!



Learning

 2 Replies

varun (OFFICER)     11 September 2012

You can file case under d.v. act 2005 from your mother or sister side y'll be protected.

 


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