Vikas (Analyst) 04 October 2014

High court judgment

Dear Sir/Madam,

I got married in my hometown, Bihar in 2011. After 4 days of marriage i came to know that my wife has a very good relation with her elder sister's dewar. she was not allowing me to have physical relationship with her and when i opposed her than she created scene at my howmtown and showed that we are torturing her.

after 7 months she moved with me in delhi, but nothing changed and she took my old pictures from my laptop and showed to her parents accusing me that i have relationship with other girls.

Her parents spread this to everyone and even when i opposed they filed a false case at my hometown. This case was settled as girl refused it at PS but they forced me to sign an affidavit that prior to marriage i had relation with other girls and due to this girl life was in danger. Girl said that please sign it this is just a formality as she had already refused this in front of police.

I was bearing all her torture, like beating me at my office, Street, home. She used to drink, go with her male friends and come at late night. I have made several complaints at delhi PS and officers told me to record their voice. I still wanted to reconcile so tried several times to call her parents but nobody came. Instead they blamed and told me that you are the reason of everything and they will vanish my family.

during this in 2013 with the help of her female friend i came to know that she had gone to meet her didi's dewar in an Hotel (morning 6:30 AM till 7:30 PM). I gathered all the proofs like bill, hotel CCTV footage then When i tried to told their parents then again they threatened me to destroy everybody life. They also told me to kill her.

After that I went to my hometown and asked her father to come so that we can talk, initially he was not coming but then he came with 1 associate and told me that I am taking her back if she doesn’t want to live with me than he will separate us.

When she reached her home then she threatened me that now see what will happen to and your family. This torture was unbearable so i filed for a Divorce and after 86 days Girl father filed for 498A on my entire family.

everyone is out on bail and i have all the proofs including CCTV footage at hotel, call details, her acceptance letter.

My ABP was with HC patna and few days back judge ordered to pay 5 lakhs and 10k per month till she get married.

I need your help to fight with this judgment as I don’t have any money left, what can be done? Where should I go HC/SC? Who is the best advocate in patna HC and SC.

HC judgement

In the nature of dispute between the parties, the matter was referred to the X High Court Mediation & Conciliation Centre, but unfortunately the dispute could not be resolved. The Petitioner is ready to pay ` five lac as full and final settlement to the Opposite Party No.3 but the Opposite Party No.3 is not ready to accept it. Considering that this Court is not in a position to assess the financial capabilities of the parties, the Petitioner is directed to deposit a sum of ` five lacs within a period of eight weeks before the Court below as an interim arrangement without prejudice to either parties.

On deposit of the aforesaid amount before the Court below, provisional anticipatory bail granted to the Petitioner by order dated 06.02.2014 in connection with X P.S. Case No.XXX of XXXX to the satisfaction of the Sub-Divisional Judicial Magistrate, X at X, X, shall stand confirmed. The money so deposited shall be disbursed to the Opposite Party No.3 on due verification. The amount of `1000/- (one thousand) which has been directed to be paid per month by the Petitioner to the Opposite Party No.3 by order dated 06.02.2014 is enhanced to `10,000/- (ten thousand) per month. The application stands disposed off.

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4 Replies

Bal Mukund Shah(9826310378) (Advocate) 04 October 2014

you go for divorce case base to wife of bad charechter meet to good advocate and file application sec.13 hindu marrage act

Tajobsindia (Senior Partner ) 04 October 2014

@ Author,

1. You are one resourceful and a very well heeled queriest here who I think does not need further guidance which is my view. Reasoning; Getting CCTV footage from private entity is something I admire picking up reading from your presented facts and not many victim of Adultery achieve or even come closer to get access to such silver class evidence in adultery charges

However your facts deserve scrutiny by Hon'ble SC to set aside conditions imposed in them and hence let me suggest to you relevant SC Judgments,.

2. Ever carefully read full text of S. 438 CrPC through which you approached State's HC?

3. Ever read ? The provisions of Section 437, 438 and 439 CrPC and the power of Court to impose conditions which came up for consideration before the Constitution Bench of Hon'ble SC in ref.: Shri Gurbaksh Singh Sibbia & Ors. Vs. State of Punjab [(1980) 2 SCC 565 (Para 26)]

4. The grant of bail under S. 438(1) of the Code is dependent on the merits and circumstances of a case.

5. Ever read ? Amarjit Singh Vs. State of NCT of Delhi [(2009) 13 SCC 769 (para 7)]

6. Ever read ? Sheikh Ayub Vs. State of M.P. [(2004) 13 SCC 457]

7. Ever read ? Jagmohan Singh Kataria & Anr. Vs. State of NCT of Delhi [2002 (3) JCC 1721]

8. Ever read ? Munish Bhasin & Ors. Vs. State (Government of NCT of Delhi) & Anr. [(2009) 4 SCC 45]

9. Ever read ? M. Sreenivasulu Reddy Vs. State of Tamil Nadu [2001(2) Crimes 230]

10. It is suggested to approach a seasoned AoR from SC Bar and proceed on filing a SLP (Crl.) at Hon'ble SC and pray for retaining Order granting AB in favour of you, yet set aside Patna HC Order on AB conditions and pray to modify the Order of Patna HC may be to fulfill the following conditions which is in conformity to Art. 21 CoI.;

(i) The appellant shall make himself available for interrogation by a police officer as and when required;
(ii) The appellant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
(iii) The appellant shall furnish his address to the Investigating Officer who shall verify it and submit it to the trial Court under his signature. In case of change of address, it must be communicated to the Investigating Officer who shall verify it and intimate the same to the court concerned under his signature; and
(iv) The appellant shall not leave India without the previous permission of the trial Court.

Originally posted by : Vikas
	XXXXX XXXX i couldn't understand point 3

You are not able to understand my point 3 because you are 'glorifying' your evidences without realising what does Hon'ble SC says in imposing or not imposing conditions in a Bail proceedings. Just read that judgment in para 3, atleast 10 times (slowly) then you will understand how to get 'conditions' removed which is your moot question before the forum, but, that will happen once you remove your glorification facts and instead understand Law of bail in perspective!

[Last reply]

Vikas (Analyst) 04 October 2014

Dear Tajobsindia,

CCTV footage was not easy to get but when you live in a condition where nobody believes you, when my wife had fully convinced her parents that whatever she say she is right.

9 days before she came to my office and had a huge fight with me, she had beaten me in front of my office staff. when i called her parents to come and spend some time with her then they refused and said that if you are not able to manage her then send her to their home after that they will see me. in Hindi her fathre said " mere ghar ki int se int bikwa denge".

then she started sleeping alone for continous 9 days and one day she said that she wants to go to a school for trial class. I was happy that she is trying to do something so i said sure go ahead. that day she made her phone switched off. i thought it's ok in school it was not allowed.

I cooked my self and then went to office and in the night she again started fighting. she fought till late night then in the morning i thought to reachout to her female friends and ask them to convince her to not to fight. I went to one of her friend and told my day to day story. I was so heavy that i started crying bcs she was fighting all day and night, i was not able to say anything, i was cooking and cleaning myself for both of us. Then she said the entire story, she told me about hotel her male friends and other things too.

Then I reached out to hotel and use resources to get the footage, her phone records. when i said her that i know what you have done she started crying and told me to not tell this to her father. But after 3 months i came to know that she has already said this their parents that she went to meet for just 2 to 3 hours. she made it casual. Then again she started fightoing with me bcs now their parents knew about it.

I had a call recorder at my phone bcs getting threat was daily and monthly routine for me so one day i was listening to recorded conversation where her mother was asking her to come back and whatever your father says you to do. Now i learnt that why are they putting presure to leave her at metromonial home.

Then i had to go to my hometown and her father came to take her, i did recording for that day too and then i filed for divorce.

you won't belive what happened after that, a news came in to news paper with big headlines that we have thrown her out bcs of second marrige and dowry demand. Now tell me where was i wrong.I had caought her feet and parents feet sevral times but all i got was humiliation. You cannot understand bcs you

Do you know how soon can i get the stay order also i couldn't understand point 3