Anupama (House wife) 20 November 2012

Section 498a

Dear sir, I am anupama Agarwal, married 6 yrs back, I had left my in laws 2.5 years back due

physical and mental cruelty, but many mutual meeting by neutral common person was conducted

but no fruitful results were concluded, now I intend to apply 498a how can it be done and where

it can be filed as my inlays stay in Delhi and my self stay in thane, is he entitled to get bail and

on wat grounds. For ur knowledge there is no fir or nc filed ether ways by both parties till the date.

Kindly help me and guide me in this matter

Thanks in advance

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6 Replies

Chetan Joshi (Advisory/Advocacy) 20 November 2012

Anupama....

You may file a 498a at either places....But you got to show that it was a continuing offense.

Have a good lawyer via Reference... Be absolutely sure about the pros and cons of litigating a matter, it may go on for years...

Regards

Chetan(dot)7679(at)gmail(dot)com

AAK (Advocate) 20 November 2012

agreed with the veiws expressed by Mr.Joshi

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 20 November 2012

No matter from where you file the case, they have high chances of getting bail as the 498a would be filed after a long gap.

It would be a futile exercise for you, rather settle the cases and end the marriage by MCD and deciding alimony.

Regards,

Shonee Kapoor

www.facebook.com/shoneekapoor
Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com

Yahoogroups: https://groups.yahoo.com/group/sahodar

Krishnamohan (Consultatnt) 20 November 2012

Anupamaji,

your patience is really appreciated. I think you have come to the conclusion to file a case after proper thinking. If they are continuing to harass you, you must file a case and get the justice, with proper evidence collected. If you are away from them and not subjected to harassment now, it is better to follow the suggestion by Mr.Shonee Kapoor.

Though you have suffered , if you can pardon them it will bring peace to you. If there is any further problem from them, even after divorce, you can always file an appropriate case at that time. I understand 498A can be filed even after divorce.