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Need Help Immediately (CA)     20 July 2011

IPC

A case has been booked against me for 498 A sec 3 and 4 by my wife. She has also implicated my colleague alleging we have an affair. What are the consequences as we also have travelled together for business needs and also talk at regular intervals. Need advice as to what my next action should be..Please respond as it will be of great help.



 10 Replies

Arvind Singh Chauhan (advocate)     20 July 2011

Honourable Sc has clrearly hed that Girl Friend can not be prosecuted  for 498A. She can approach to HC for quashing of proceeding against her.

THANKACHAN V P (Advocate & Notary)     20 July 2011

3 and 4 ???

THANKACHAN V P (Advocate & Notary)     20 July 2011

1.498A , 3 & 4 of DPA may not affect your collegue. She may approach the HC for quashing the proceedings against her.

2.  Apex courts have noticed that hundreds of false complaints are coming under 498A,3&4 .So it is better for you to surrender before the court and apply for bail after consulting with an experienced lawyer.If you are confident then try for Anticipatory bail from the Sessions Court.
 

1 Like

Need Help Immediately (CA)     20 July 2011

What if my colleague is divorced..will her past be a reason for saying she is of questionalble reputation? And out travel together..can it be said that we are living together?

Need Help Immediately (CA)     20 July 2011

And i was also told that a bigamy case can be booked against me for the same..is this acceptable as we are not married or have ever gotten married anywhere...for bigamy..there MUST be marriage involved ...

THANKACHAN V P (Advocate & Notary)     20 July 2011

No you cannot be booked under 494 IPC for Bigamy

Need Help Immediately (CA)     20 July 2011

I am not even sure about their intentions..If it does end in divorce, will i have to pay her alimony as she is also working. And if we decide to live together, can that happen after getting my arrested and i go to jail...either way..what will be the duration of the court case. Can i apply for Anticipatory bail. and if ot, how long to het a regular bail..in short, how many days will i have to stay in jail if i cannot get Anticipatory bail...and me going to jail..can this be an obstacle for me to go to US and work in future?

Need Help Immediately (CA)     20 July 2011

I am underground now..where shud i surrender...court or Police station...as I was told things can get started only if i surrender

THANKACHAN V P (Advocate & Notary)     20 July 2011

1. If she is having sufficient means to maintain herself you need pay anything as maintainace.

2. Don't worry about Arrest and Jail nowadays even Magistrate courts are granting bail in 498A provided  if you can convice court. So you should apply for either Anticipatory or regular bail.

3.Usally courts do not impose a condition surrender the passport in a case like this. But if  you are leaving India after taking bail, your surties may  be put in troubles and they  may  be compelled to pay the bond amount in the court.But if you  engage a lawyer to contest case in your absense and file  proper petition before the court under 205 Crpc then you  can go abroad.But you should appear before the court at the time of pronouncing judgement if there is a chance for conviction.

THANKACHAN V P (Advocate & Notary)     21 July 2011

 

2010 (3) KLT Suppl.   22 (SC)

Hon'ble Mr. Justice V.S. Sirpurkar & Hon'ble Mr. Justice Cyriac Joseph

Vijeta Gajra v. State of NCT of Delhi

C.A. Nos.1182 and 1184 of 2010

Decided on 8th July, 2010

2010 (3) KLT Suppl.   22 (SC) : JT 2010 (6) SC 498 : 2010 AIR SCW 4290

Criminal P.C. 1973, S.482 - Penal Code 1860, Ss.498A & 406 - Term 'relative' in S.498A, IPC would be limited only to the blood relations or the relations by marriage S.498A being a penal provision would deserve strict construction and unless a contextual meaning is required to be given to the statute, said statute has to be constructed strictly.

Held : Section 498A, IPC being a penal provision would deserve strict construction and unless a contextual meaning is required to be given to the statute, the said statute has to be construed strictly. Reference to the word `relative' in Section 498A, IPC would be limited only to the blood relations or the relations by marriage. 

 


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