LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

sanjeev001 (executive)     24 August 2011

How effective is antipatory bail for family in case of 498a

Dear sir,

              i expectation of a 498a to be filed by wife, can antipatory bail for family members and self be a good defence system under 498a, to prevent arrest, and how effective can it be, also at what cost does each anticipatory bail cost



Learning

 16 Replies

Advocate M.Bhadra   24 August 2011

If your wife would lodge an FIR against you, then you can file a petition u/sec.438 of Cr.P.C. for antipipatory bail to avoid arrest.There is a provision for anticipatory bail in Cr.P.C. except Uttar Pradesh.Court expenses are lawyer's fees and for cost of furnishing  bond etc.

2 Like

rajesh kulkarni (Lawyer/Advocate Hyderbad 7799116901)     24 August 2011

the effectiveness of anticipatory bail is to that once u get it will last till the disposal of the case......... but for getting it u ve to undertake to attend court on all date of hearings..... n the cost is as prescribed in the state civil rules of practice n also for the bond amount depends............... n its not that once u get anticipatory u r free of allegations u ve to fight n the same may be cancelled if u contempt court's order

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     24 August 2011

Which City/ State?

 

AB can be filed even before registration of FIR, if you can show reasonable apprehension of arrest in false cases. In Delhi/ Haryana and many other states, you can get notice bail after the complaint has been preferred by wife in the Women Cell/ Mahila Thana/ Crime Against Women Cell.

 

AB can be granted by Court of Sessions/ Higb Court

 

AB is available in all states except State of UP and Uttranchal, where stay of arrest has to be obtained from High Court only after registration of FIR.

 

Shonee Kapoor
Handphone: +91-9999026561/ +91-8010850498
Email: harassed.by.498a@gmail.com

Blog: https://ipc498a.wordpress.com/
Forum: https://forum.498a.org/
Website: https://www.498a.org/
_________________________________________________

Sirf Hangama khada karna mera maqsad nahi,
Saari Koshish hai ki ye surat badalni chahiye.

Mere seene mein nahi to tere seene mein sahi,
Ho Kahin bhi aag, lekin aag jalni chahiye.

2 Like

Alok Tholiya (self employed)     24 August 2011

This was a good peice of info.

baldev singh chhabra (Chief Associate Advocate)     24 August 2011

Mr. Sanjeev,

 

498A is under heavy criticism these days to the extent that the Supreme Court of India in a decision has marked and issued letter to the law ministry that 498A is LEGAL TERRORISM  and recommended to legislate suitably to cure the lacuna of law due to which  the families are being ruined. I refer you to maanvishushant@gmail.com whereat you can get all the important rulings by the help of which you will succeed in getting anticipatory bail for your family and most probably for you also.

The informations given by my friends above are almost correct. You should specify the State also for AB jurisdiction purpose.

You should hire a good skillfull lawyer who could argue the AB grant tactfully.

 

B.S. CHHABRA

legallhelpp@gmail.com

09636559976 (9 to 11 pm only for free phone consultation)

1 Like

(Guest)

Dear Members,

In my case also, my FIL is falsely & repeatedly accusing us of dowry & not responding to our reconciliation efforts & threatening us divorce. We do not know, what is cooking up in their minds. In such a scenario, should I go for anticipatory bail? Irony is my FIL is preaching each and every one not to go for divorce first but he himself behaving like a big bully to us. What is the rule in Chandigarh?

Regards

Anil

Alok Tholiya (self employed)     25 August 2011

Even if some one tries to be rough with another persons car then a quarrel takes place. Even if some one plucks a flower then .....even if someone destroys a sand castle of another a chances r quarrel takes place.

If groom, son in law does not give love, does not give dignity, demands gifts and favours and harrasses wife, is impotent, is in love with another girl, is womaniser etc etc then it is a natural reaction of any father , brother , good well wisher , human person to seek justice and some adopt leagal way and others extra legal but all will take some action whose dreams of seeing their daughter happily married is destroyed by  a cheater, egoist, lier, compulsive womaniser, etc etc If u r not one then r u ready to come on a video / TV on show like Ms Bedi was conducting, r u willing to call a press conference and expose the other party, r u willingb to prove u have not made them spend on marriage, on dowery???, have u got evidence that they r wrong?? ,

And so on. If u r one who is honest then Gandhji and other side is only responsible for all mess then yeeh samjho gehu ke saath gun bhi pis gaya. Prepare urself for personal as well as legal retaliation and save urself.


(Guest)

@ Mr. Alok Tholiya,

In Most of the cases, matrimonial relations sour because of differing perceptions and ego only. I love my wife too & I do not want to ruin the chances of reconciliation too. Same time I do not want to suffer too because of the foolishness of other party.

Regards

Anil

Adv. Chandrasekhar (Advocate)     25 August 2011

Sh. Anil Mishra,

If I am correct by reading your earlier posts, once out of anger you beat your wife and she had taken it very seriously and left for natal home.  You tendered apology and even then she has not resumed cohabitation.  Am I Correct?  If so, you have to work very patiently.  you behave in such a manner that they shall realize that the incident happened, as an exception, out of fit of moment and their son-in-law is a peace loving, good natured, loving and caring husband and he is not a wife abuser/beater.  Once they come to such conclusion, then every thing will fall in line.  But first find out from your wife from her angle whether that isolated incident which had kept her away from you or your behaviour on several  occasions with her during the short period of matrimonial life put her off.  If you love her, then there will be no problem to amend your self.  Only the persons having flexible attitude in personal life and social life enjoy the life to its full extent.  Involve your relatives who are matured enough to mediate and give assurance to your inlaws that your wife will be happy with you for the rest of life and the principle of life is "forget and forgive".       

2 Like

baldev singh chhabra (Chief Associate Advocate)     25 August 2011

Mr. Anil,

Handle your problem on two platforms. First is social platform, means put matured impartial persons in between one from your side and the other from your FIL side for which have a talk with your wife on phone as also with your father in law telling that the matrimonial relation must be saved at any cost. Many a times it happens that the father of a girl has more attatchment with his daughter and wants the SIL to accept every thing which his daughter tells. Such fathers though they show that they want to see their daughter happy but actually spoil the matrimonial life of their daughter and when every thing gets smashed then they repent and weap. Marriage is the name of mutual love, mutual tolerance, mutual understanding and mutual care. Ego spoils the couple life. Any FIL  or his daughter may give threat of divorce but the fact is that no girl wants and likes to be called divorced. So dont worry about threats of divorce.   

Second is that you should secure yourself legally and follow legal safeguards, means AB  is good shelter but with proper advocacy and proper pleading so that your family is safeguarded legally against malicious prosecution. During the arguements in the court on AB, your Counsel should be well prepared and armed with the rulings of SUPREME COURT OF INDIA  on 498A and should perfectly argue to the point with base of rulings of the SCI and speak net words in brief which should be cachy in the eyes of the judge to develop intention of giving AB in the mind of the judge. For rulings of 498A of the SUPREME COURT OF INDIA you can seek help on maanvisushant@gmail.com and for best written pleading in the AB petition you can contact on legallhelpp@gmail.com

3 Like

(Guest)

Dear Members,

In the recent past, one shocking case has come to light related to divorce and dowry case. Some where in Rajasthan, 100 KM from state capital Jaipur, one young engineer killed his in-laws family and self. Some 4 or 5 deaths. Reason being, Some divorce proceedings were going on between husband and wife. In the mean time his laws filed a case of 498a ( Dowry case) against him. There was a question of custody of 4 year old child also. All in all that young engineer, enraged so much so that he took the extreme step of shooting down all the family. This is one more reason for the government of India to quash or change the dowry laws due to wide spread misuse by the girl's side. Here, in this forum too, some members are justifying the filing of all sorts of false cases. Every one in the society should understand that it is not only his / her view / perception is correct version & Others are 100% wrong. Give a thought please.

Regards

Anil


(Guest)

@ Anil Mishra  Every one in the society should understand that it is not only his / her view / perception is correct version & Others are 100% wrong. Give a thought please.

Yes Mr. Mishra u r right.

Avnish Kaur (Consultant)     07 September 2011

YES YOU CAN. DEPENDS ON CITY AND MEDIATOR ANYWHERE BET 1 TO 4 LACS.

UP IS ULTA PRADESH AND IN MAYA RAJ NO AB IF U BELONG TO UP SO U MAY HAVE TO FIND SOME WAYS TO CIRCUMVENT THIS.

SUPREME COURTS'  WORDS TO GIVE AB IN UP FALLEN ON ROTTEN EARS OF UP GOVT WHICH MAY BE PLANNING TO START MANYAWAR ..... AB YOJNA IN NEAR FUTURE.

MAHAMAYA JAIL BACHAO YOJNA.

MANYAWAR ....JAIL AAHAT BAIL YOJNA.

1 Like

sandeep (none)     07 October 2011

Dear Mr.rajesh kulkarni and Mr.Shonee Kapoor is it true that Anticipatory bail provision is back in uttar pradesh as stated in below given news article, or is it true as on 2011 AB available in U.P.

Anticipatory bail provision back in UP after 34 years

PTI Jul 30, 2010, 06.28pm IST

LUCKNOW: Uttar Pradesh government on Friday approved reintroduction of the provision of anticipatory bail as provided in Indian Penal Code (IPC), a legal measure which was abolished 34 years ago.

A decision in this regard was taken at a cabinet meeting chaired by chief minister Mayawati.

However, the provision would not be applicable in murder, abduction cases and cases of SC/ST (Atrocities Prevention) Act, official sources said.

The home department had on May 4 constitued a committee, with chairman state advisory board, advocate general, principal secretaries home, law and parliamentary affairs as it members, which recommended implementation of provisions of anticipatory bail in the state, they said.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading

Post a Suggestion for LCI Team
Post a Legal Query