Lawyer Notice: Prior to file false 498a case

The contents of the notice that she had sent you has no connecton to 498A or in-fact few of her allegations are not legally sustainable.  Better reply it suitably and safeguard your position for tomorrow's untowards.

 

"1.    We have putted huge pressure on them to meet our demand."  This I dont get it properly.. you mean to say that she alleged that you demanded her dowry?

Yes sir. But she accused us by means of false dowry and mental/physical torture. So how to reply??

You just deny all her allegations and advice her not to blackmail you.  Through your reply notice ask her to comeback with kid.and stay in "her" home. 

 

If you really want her back file petition under restitution of conjugal rights or else a petition for dissolution of marriage - and for the custody of the kid whose future is now at stake because of differences between you both.

 

Just with your reply you cannot bar her from making a complaint under 498A if she chooses to - if you apprehend any such threat it would be better to obtain anticipatory bail from both the courts ie., where you both last resided together and where she is now living with your father if both the places are different.

 

Save the 'sms' that she has sent you demanding money - that would be helpful in future. 

 

 

 

Dear Raj, Is it provoked you to forward the blog matter to all of us. Your legal issue is simple. you give a reply. Planting and manipulating evidence and collection of evidence you do with your conciousness.

I don't feel your Anticipatory Bail application is maintainable as no Police Complaint is pending in any police Station. I want you to become aware that there is a group of suffering husbands of abuse of Dowry law , where they held meeting on every saturday in the Park of Patiala House Court , Delhi at Gate No. 2 between 4 to 7 pm . We also hold meeting on different venues on Saturday/Sundays in all over India/World. So you can contact with details over there. The relevent site is www.498a.org, www.harmoniousfamily.org and www.saveindianfamily.org

why don't u file a PIL in Supreme Court challenging this law?

Dear Mr. Vijay:  I don't feel your Anticipatory Bail application is maintainable as no Police Complaint is pending in any police Station.  It is not necessary that a complaint should be pending, a reasonable apprehension is enough.  

HI

I shall be gratefull if you can highlight some of the orders available in your knowledge where the judge of any court has granted anticipatory bail even when not even any police or other complaint filed against he person.

 

AS we have tried as we receive lots of requests for the same but all the time the lawyers at first stage turn down this request.

Dear Raj,

Please go ahead and file anticipatory bail for you as well as your parents in your home town and in the place where your wife is staying. The Lawyer notice is sufficient for you to show that there is a reasonable apprehension of 498-A case and/0r DV case.

The same happened to me and I filed the anticipatory bail in the palce where my wife is residing based on the lawyers notice which my wife has sent. If the Lawyer is denying to file aniticaipatory bail, approach some other good Lawyer and ask him/her to file you anitcipatory bail petition. My wife filed 498-A case withing 10 days of my receipt of her lawyer notice, but just before one day she filed the 498-A case I already filed aniticipatory bail application. This happened co-incidentally. My lawyer's guess came true in my case and myself and my parents got aniticipatory bail immediately. My wife sent police to my home within 3 days of filing 498-A case and by that time we got anticipatory bail granted and hnce we were NOT arrested.

Kiran

Can I have your case details or court's verdic regarding the AB based on the lawyers notice? It will help me a lot before the court to get the same.

Dear Mr. Rajkumar :  Kiran's 'verdict' will not help you much - granting of Anticipatory bail depends on facts of each case to case.  Here in this forum you will get advices in general - now you have an idea of gross outline of your case - that's enough for your knowledge.  Now its time for you to contact a good lawyer whom you trust.  'verdicts' 'precedents' etc etc... he will take care of.  You need not worry. Best of luck.

So how to tackle the situation????????????

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.9271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING 498A CASE KINDLY NOTE THAT.

1.YOU HAVE ALREADY RECEIVED A NOTICE,CONTENTS ARE SIMILAR TO 498 A CASE.

2.SHE IS STAYING AT HER FATHERS HOUSE SINCE PAST EIGHT MONTHS.IT SEEMS NO CHANCES OF COMPROMISE.

3.KINDLY NOTE THAT  SHE HAS SENT YOU THE NOTICE  WHICH IS NOT SENT IN CASE OF 498 A CASE.GENERALY POLICE COMPLAINT IS FILED BY MARRIED WOMEN AT THE NEAREST POLICE STATION OF HER PARENTS RESIDENCE FOR CONVENIENCE.

4.IT IS MOST IMPORTANT THAT YOU SHOULD TAKE THIS MATTER SERIOUSLY .THERE ARE CHANCES OF ARREST OF YOU AND AND YOUR FAMILY MEMBERS INCLUDING PARENTS AND BROTHERS AND SISTERS UNDER SECTION 498 A OF INDIAN PENAL CODE.

5 YOU MAY IMMEDIATELY SHIFT THE PLACE OF RESIDENCE FOR ABOUT TWO WEEKS AND IMMEDIATELY APPLY FOR ANTICIPATORY BAIL TO THE DIST AND SESSIONS COURT OR HIGH COURT HAVING AREA JURISDICTION. SAY OF CONCERNED POLICE STATION WILL BE CALLED. AND IF COMPLAINT IS ALREADY FILED THEN SAY OF POLICE STATION WILL BE FILED IN COURT BUT IF COMPLAINT IS NOT FILED THEN YOU MAY REQUEST THE COURT FOR PROTECTION AT LEAST GIVING NOTICE OF ONE WEEK  BY THE CONCERNED POLICE IN CASE COMPLAINT IS FILED AT ANY LATER DATE.SO THAT YOU CAN AGAIN FILE THE APPLICATION AND GET THE PROTECTION .WE HAVE SECURED ORDERS LIKE THAT.

IN CASE YOU NEED ANY FURTHER HELP YOU MAY WRITE OR CALL.

WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.