Falsely implicated in 498a and sec 3/4

Originally posted by : Sudhir Kumar
	6. I want to talk for mediation and pay them up as i am capable enough after my AB is accepted, will it be correct? wont it be taken as sign of being intimidated 7. I dont fear fighting the case as i have proofs and also my incidents mentioned are correct (with proofs etc) while they have falsely mentioned all events but i am highly concernd for Anticipatory bail rejection and then being in custody and all as i never did wrong , What can be my lawyers strongest point to be put in AB application apart from my presence which proves that i am not running away from law. THEN FIGHT ON MERIT YOUR LAWYER WELL CONVERSANT WITH FACTS CNA BE THE BEST PERSON TO DECIDE COURSE OF ACTION

There is no sanctity of mediation in India.

Never go for mediation.

Please apply for Speedy Trial in HC.

Then fight with merit. Use perjury also.

Pls see my profile for clues.

- Where is your case? If in major city like Delhi, probability of arrest is close to zero. 

- Offer to return streedhan if you have any. 

- AB is usually granted. Arrest is unlikely even if you dont have AB. 

- Does your wife have serious injuries and has MLC for same? Are you absconding and evading investigation? These are the cases where AB becomes problematic and arrest becomes likely. 

- People may try to scare you about arrest only to extract money.

- Work with an experienced senior lawyer who you can trust.

- There are lakhs of people facing completely false 498A cases just like you. No one rots in jail, no bullets get fired and nobody lays a hand on your aged parents. You will have to attend dates at 2-3 month intervals. It is a minor irritation - no issues are created in everyday life by 498A.

- Collect your evidence and keep it safe. No need to jump around to prove your innocence to police at this time. There is a long journey before your turn will come to show evidence. 

- Nobody in police or courts cares a damn about what your wife is saying or you are saying. Tarikh pe tarikh pe tarikh is all that happens for long time. By the time your case will come up for trial both sides will have forgotten what they are fighting about. 

- If there is opportunity to pay some money and settle the cases early - jump on it. No fun to continue pointless battle with the bruised ego of a disgruntled wife.  

- If she asks for very unreasonable amount of money - just say NO. Eventually she will come down to a reasonable amount. Wife is also stuck on the same tree as you. There is no hurry to come down first.

- Let the course of time do its own magic.

@Mr. Sudhir Kumar-  i appreciate your reply- but it seems lopsided.

Forget about a  lawyer, even  a lay man would not appreciate your point of view, however legal (and i bet its not) it may be. The entire crux of justice is fair justice for everybody and should not merely be restricted with  a biased view towards a woman even if all that she has done is mentally harass a guy and destroyed his life in all possible ways when i was working hard for a peaceful and lovely life for both 

of us. Now this is the mental discord that needs to be discussed and  actually should be the basis to resolve 

 all divorce related matters, but unfortunately in the current situation all Men 

are seen as butchers ready to axe their wife (and indirectly themselves) 
,doesnt matter what successful family/professional background of 30 years of life he has lead. 

They are assumed to be destroyers of their own happy life- a chauvinist, misogynist, a tormentor, an extortionist,  or 

whatever term that prosecution might wish to use.
 
Hon'ble higher Courts have been generous and judicious enough to realise this and 

hence the direction to ease stringency in 498a and ways to resolve or the best 

possible scenarios rather than taking it as a hardcore criminal offence. 

I am not a wrong doer and have been rather a  victim. This fact is enough for me to to stand upright and give them a fight. 
For your legal viewpoint, you already have the answers.

1. The allegations need to be proved, the onus as @Rocky Smith says lies on them as it happens in Murder, Rape etc- just a common sense.Of course if there are two people living in a house and one of them alleges that other hit her only because she is a feeble female, how does she prove it or how do i prove i did not?Common sense is to move out/complain asap but howcome She never complained to Police or any Medical proofs. What she was waiting for since 2.5 years? All reconciliations to fail and then avenge me by false charges?

2.If gifting, given by a birde's family with utmost desire to show off (starting 6 month before marriage and till marriage) is a dowry then the bride's family should be firstly charged. Why they would give dowry and marry their daughter. They could have said no to us. So its like somebody first pays a bribe to get his work done and when the opposite party doesnt act according to your whims then you say you paid a bribe. 
Our take is that all that was given was given by Girl's family to the Girl.We say Come and take it. Who is saying No. But you want to continue to harass me and  take Law for a ride, then sorry you got the wrong person.

3. Rescue the Girl doesnt mean to threaten the boy to send Goons.If this is the attitude of all Father-in-laws beacuse of some law called 498a in picture, then he is the biggest fool in this world to destroy his daughters life. Now let him and his daughter beg for a Divorce, i am not in a hurry to get fooled again.Anyway God has blessed a   Man with lasting reproductive capablities to help us to stay put for some years whereas a woman cant (No offence to woman in general just to my Ex-Wife)--- As @autohide147  mentioned.
I am ready to run around, let her run around too to fight for Divorce

4.I stopped interacting as i stopped being taken for granted. and no guy/girl should. My in Laws rather than realising their mistake, tried  to pass some time and tried their level best  to hoodwink by showing i am wrong . But they never said sorry and i never accpeted them. thats it. No Law can force me to continue living my life with somebody whos only interest lies against me, to harass me.  

@autohide147  - My case is in Bihar- :-( . Thanks to lawlessness, police nexus and biased take on allegations of 498a, i am being told by my lawyer and family members to be present in AB, and to face the girl (they suggest me to say i want to continue, thereby bringing some pacification for bride and they will have 'mercy' on me) which i am strictly against and dont want to go personally. Lawyers have also not suggested to do so. 
What is there to loose if after rejection, High Court will in most probability grant me bail or suggest some mediation or interim maintenance etc. 

@autohide147No MLC in picture, if false is provided i  dont know. I am not evading any arrest, already spoke twice to IO.Also, I dont fear arrest, as it will be same thing i will say that we do have Girl's belongings and they are gifts, pls take it back.But yes dont want police to unnecessary extort money and take false statements to pressurize etc.

@autohide147 Yes will indeed go for a settlement as the opportunity comes.

@autohide147  Sincere thanks for your realistic take on the matter. I hope my lawyer has same views. just one Question- mY lAWYER IS NOT THAT EFFICIENT AND HAS COME FROM SOME REFERENCE AS MY FAMILY IS INTO LAW, WHAT IDEALLY SHOULD BE HIS POINT IN AB AND ALSO MINE IF I PLAN TO BE PRESENT THERE? AND ONCE REJECTED WHAT POINT HON'BLE HC MIGHT ACCEPT AS I AM REALLY TENSED TILL AB IS ACCEPTED.

@Rocky Smith   Thank you very much for Citations and viewpoint and clarity that you gave to Mr. Sudhir. Was much needed. will share SC citation and perjury  with my lawyer.

Will update as soon as AB is accepted/rejected.

Thanks

1) I dont know how things work in Bihar. I can understand your tension. I have been through this.

2) Arguments for AB:

a) Show pictures of girl having happy times with you. 

b) Ask IO if all bills of streedhan items have been identified and source of income of FIL has been verified. 

c) You are willing to return items that you have admitted to have, so what purpose will be solved by custodial interrogation? If some items are disputed as streedhan, the dispute can be adressed during trial. You are cooperating with IO and can come to answer any questions. Why does IO want to keep in custody?

d) If she has claimed phycial torture, there is no MLC so allegation needs to be verified during trial.

e) If she is currently not living with you, there is no reason to anticipate any further acts of cruelty so no need for custody.

f) If you have job and assets in the area show the proof. Show that you have no past criminal convictions. If you pay income taxes, show proof. This shows that there is no reason to believe that you will abscond from trial. Your right to liberty and work cannot be curtailed without proper trial. Your contribution to society in terms of work and taxes also cannot be curtailed based purely on allegations without trial.

These type of arguments can be used for AB. 

3) Even if you don't get AB, police cannot arrest you without giving proper reason. Even if they arrest, you will be taken to magistrate and can get regular bail. 

4) Along with AB, as a secondary prayer as for a few days pre-arrest notice. 

5) AB in 498A cases without MLC is not a big issue. Don't believe scare tactics of lawyer. Change lawyer if you do not feel comfortable with current lawyer. 

@autohide  Thanks. Yes even my line of arguements is same that if i havent commited anything wrong (except marrying a nuissance) legally, then what is there to escape. So my lawyer could go for AB citing above convincing reasons. Or as you suggested even i could be present. 

But lawyers especially in my family are saying it will be a sure rejection and then in HC also, i might keep running for Bail which will add to costs/time.

So, what they want me to do is to say i want to continue living with the girl -the logic they have is i wanted to keep the girl initially  but the girl wasnt ready to adjust and she herself created situations to be away -which is true, so if she is ready to be good, i can stay with her. 

Saying this the judge will grant AB (lawyer is 110% sure of it). He says then Girl will say NO and then after my AB we can talk of settlement by paying etc. If girl says yes -she wants to live with me -then  situations may   arise but  in future , for now bail will be sure. 

I dont know if such an advice is good as i really dont want to stay and dont want to have a binding by commiting in Court. Pl advise. 

Also, is it possible if i say i want to continue living with Girl and still things turn ugly and AB is rejected? In that case even if i manage to avoid arrest, warrant will still be issued and i will be told to surrender etc..and the tact would fail miserably !

Totally confused. Pl suggest as my lawyer is adament on me appearing in Court on Date and commiting that i want to continue staying with her. 

Bail is fine but i dont want to invite any long term problems by comitting in Court which might result in Contempt etc 

Thanks

I don't think the notion suggested by your lawyers is valid.

"the logic they have is i wanted to keep the girl initially but the girl wasnt ready to adjust and she herself created situations to be away -which is true, so if she is ready to be good, i can stay with her. "

What is the defination of good here? It’s a comparative term. When one experiences, good, one may feel bad for the same thing & vice-versa. It is not a valid point to show in the court & don't proceed based on this point.

Apart from that, please do not reveal your financial data & your assets details. The general disposition of these cases is that the opposite party may charge some more cases like DV act, 125 CRPC ("maintenance of wives") after 498A. And they try to show 498A as a base of those cases.

If you disclose these details, then they can use these evidences against you during the proceeding of CRPC 125 (asking for maintenance).

So, start taking precaution on those pieces too.

Apart from that, if you do a private job, try to switch it. And don't tell anybody about your new employer.