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Vijay (law student)     04 March 2012

Reg: ab=498a & d.v.

Dear Sir,

I would like to place the following facts before your good self to seek your valuable opinion and advice.  My wife who resided with me at matrimonial home at Bangalore for 3 years deserted me 10 months ago. I there after filled for dissolution of my marriage at the family court at Bangalore. A fortnight ago my wife now residing with her parents at Noida U.P., received the summons from the family court to which she reacted and went on a defensive mode and threatened to teach me and my family a proper lesson.  I fear that the only option she has is to file false cases against me and my family under sec 498A and D.V. cases.

1) Given that state of  UP does not grant anticipatory bail, will a AB granted by High Court Of Karnataka help me and my family members when the UP police come to arrest me as the said bail is only valid for the jurisdiction of Karnataka?

2) I am of an opinion that D.V. cases will not hold good at this stage given 10 months have lapsed since the desertion from matrimonial home at Bangalore and the cause of action arose in Karnataka,  I hope I am correct on this?

Thanking you in anticipation,

Vijay.



Learning

 1 Replies

Sanjeev (Lawyer)     04 March 2012

if 498a is filed in up approach allahabad hc by way of writ petition the court would grant stay of arrest with orders to cjm to grant interim bail on appeatence and refer the case to mediation. if mediation suceeds your case would be quadhed if not then your final bail application would be decide.


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