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Rajesh (service)     01 August 2009

Provisions in 498


First of all thanks to all who replied me on my Query - Custody of my daughter.

Further I have couple of questions

1) What are the provisions of 498A..with respect to arrest a) if the husband(me) does not have an anticipatory bail then how many days it can take to get a bail after he is arrested, (In my case my daughter stays with me, my arrest can greatly disturb her - so far my wife has only threatened me of 498 but she had made an NC in local police station about me for dowry & DV in june 2009. In the NC she has mentioned that she has been staying separately for the last one year , subsequently i have replied the police through a letter about her wrong doings and malafide intentions) I have an acknowledgement of the letter i gave in the local  police station. Is it possible to get an anticipatory bail?

My wife through her brother is demanding Rs.10 lakhs to settle and she will give me divorce and custody of the child. This is absolutely cheating as I suspect she is staying with her boyfriend, but it is extremely difficult to gather proof. I stay in mumbai and she is in rajasthan(paternal home) her brother stays in mumbai.

2) Is there any provision for a minor child(6years 8 months)  complaining about  her mother's violence on the child.




 4 Replies


On the facts narrated by you, you shoudl be able to get anticipatory bail.  Since your wife has been staying seperately for last more than one year and since you have placed your version before the police and since the n/c of your wife is belated, even if an FIR is filed against you, I doubt police will rush to arrest you.

Dharmesh Manjeshwar (Advocate/Lawyer)     03 August 2009

Grant of Bail/Anticipatory Bail vary from case to case depending on the facts and circumstances of each case .... from ur facts ... i guess getting AB will not be a problem .... same is the procedure of getting Bail after arrest .... depending on facts and circumstances of each case .... no set parameters .... depends on whether investigation is over ... whether accused may tamper with evidence, etc

Indian Evidence Act, 1872 section 118 -Who may testify.-All persons shall be competent to testify unless the Court considers that they are prevented from understanding the questions put to them, or from giving rational answers to those questions, by tender years, extreme old age, disease, whether of body or mind, or any other cause of the same kind.

Explanation.--A lunatic is not incompetent to testify, unless he

is prevented by his lunacy from understanding the questions put to him and giving rational answers to them.

so if the child is intelligent enough, she can depose as a witness for u ... but care should be taken as not to tutor the child ... U can file for divorce on grounds of cruelty and Ur daughter can depose before the court as a witness

Feroz A. Shaikh (ADVOCATE)     04 August 2009

In Mumbai, there are regular police vans on surveilance duty for crime against women and children. You may call on 103 or dial 100 for Mumbai Police control room for information. You can request court of sessions to grant you anticipatory of 72 hours before arresting you, if it is not willing to grant you AB in absense of CR. Also, make a plea of your caretaking of your daughter in event of your arrest in AB.

1 Like

Charan Kedar.C. (Advocate)     05 August 2009

Hi All,

As I heard that SC has passed an order stating that the cases file under sec 498 has to go through enquiry by the police before arresting the person. And the can go to the police station according to his availability and submit his sayings to the respective police officer.

And I don’t have any details for that and seniors kindly correct me if I am wrong on this regard.
Thanks & Regards,

Charan Kedar.C.
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