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victim 498A (NA)     01 July 2013

How to tackle 498a 323 406 false case

Dear All, 

I am a victim of  a false case being filed by my wife in faridabad undersection 498A, 323 & 406

My mother got bail from the sessions court in faridabad however mine and my father's bail was rejected by the judege as it seems as an approachable order. The judge first granted bail to my father and then kept postpoining the confirmation even when he joined the investigation ad surrendered his passport. Finally he passed a joint judgement against me and my father rejectiing the bail applications. We have applied for my father's  bail from high court in chndigarh and needed inputs from learned counsels. We have registered police complaints in december 2012 against my wife for cruelty as well as misbehaving with my parents. She never stayed with my parents and was alwasy staying with me as i was employed abroad. We also have send them legal notices in Jan 2013 and filed cases of theft, divorce and adultery against them. They filed a false complaint in the police station under section 498 A and 323 they have no proofs of any money being demanded any physical injury or an independent witness to testify their claims. On the contarary we have poaid them huge sums of money and have send them a legal notice for its recovery as well.

Can you please suggest the next steps to ensure that the bail for myself and my parents be garanted in chandigarh high court

  



Learning

 7 Replies

Adv Archana Deshmukh (Practicing Advocate)     01 July 2013

If the 498A case has been filed recently, then you should have got AB in the session court itself considering the 'past history' narrated by you...I am puzzled why it got rejected..?? Anyways, its not fair to comment without going thru the entire case papers, as there may be some severe allegations so as to justify rejection of bail I do not know... Anyways, give all the papers relating to the cases filed by you and your notices to your HC lawyer and file them on record and argue properly so that the HC would grant bail 

victim 498A (NA)     01 July 2013

Thanks Archana, Even me and my father was puzzled as well since the sessions court first granted him relief and asked him to join investigation which he did. Then kept postponing the confirmation date from May to June 1st week. In the meanwhile the addl sessions judge directed me to mee my wife in faridabad which we complied. Then he insited on having a discussion in his chmber where we clerarly indicated that we are willing to take the girl back and she refused to join her matrimonial home inspite of this the judge rejected bails. And passed a joint order for me and my father while the bails were filed seperately on different dates and grounds. We have now filed a bail application for my father and have provided all proofs as well as my fathers medical certificates and history. We never   demanded dowry instead we paid lacs of rs to my brother in law. Also my father opened a consulting business and applied for import license in her name as well

We have filed a theft case as well as an adultery case alongwith divorce case. Can you suggest any further actions as the high court judge today gave a later date and refused to provide stay on arrest. 

Adv Archana Deshmukh (Practicing Advocate)     01 July 2013

In the given situation which does not seem to be straight, there is no point to suggest anything without first studying the relevant papers otherwise it wud be just speculations based on assumptions which I do not want to do.  So just argue the case properly by filing all the evidance on record that you have in your favor.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     02 July 2013

Dear Querist

No need to worry, It is the discretion of the court to grant or reject the bail but argue the matter with relevant SC or HC judgements in which the court grant AB.

Feel free to Call

Nadeem Qureshi (Advocate)

Chember No. D-720, Lawyers Chembers,

Karkardooma Court, Delhi

email : nadeemqureshi1@gmail.com

web:    nadeemqureshi498a.webs.com

Blog:   https://nadeemqureshi1.wordpress.com/

Mob: +91  9953809956

 

         +91 8802305262

Yadanand Legal help (maintenance divorce remarriage = yourscrew@gmail.com)     02 July 2013

Nadeem Qureshi it is not your misconduct as an advocate to give such publicity about your self.

victim 498A (NA)     12 July 2013

Dear All, 

I am a victim of  a false case being filed by my wife in faridabad undersection 498A, 323 & 406

My mother got bail from the sessions court in faridabad however mine and my father's bail was rejected by the judege as it seems as an approachable order. The judge first granted bail to my father and then kept postpoining the confirmation even when he joined the investigation ad surrendered his passport. Finally he passed a joint judgement against me and my father rejectiing the bail applications. We have applied for my father's  bail from high court in chndigarh and needed inputs from learned counsels. We have registered police complaints in december 2012 against my wife for cruelty as well as misbehaving with my parents. She never stayed with my parents and was alwasy staying with me as i was employed abroad. We also have send them legal notices in Jan 2013 and filed cases of theft, divorce and adultery against them. They filed a false complaint in the police station under section 498 A and 323 they have no proofs of any money being demanded any physical injury or an independent witness to testify their claims. On the contarary we have paid them huge sums of money and have send them a legal notice for its recovery as well.

I would like to update that the high court made the bail application of my father pending and ordered that the case be send for mediation. I am planning to apply for my bail as well in the coming week. Could someone please suggest whether i could take any more initiatives to ensure that my bail is speed up. Also what approaches should i take while meeting the mediation team I would appreciate all the help in tis regard 

Arun Vashisth (Company Secretary)     05 June 2014

what is the meaning of term "Relative" in section 498a???

only family members are covered or even nephew , neices, etc. also covered???


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