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renant garcia (AGENT)     07 June 2013

Sir, i need your valuable suggestion

Respected sir,

my marriage is completed 3 yrs
my baby's age is 1 yr

i filed for divorce
soon after my wife lodged 498a,406,DP act

now i have moved for anticipatory bail to lower court
but court is rejecting my bail plea stating that the belongings of my wife is still in my custody...it should be handed over to my wife at earliest

i have written police to take back her belongins immediately so that i can have anticipatory bail

BUT police is refusing to take back my wife's belongings for some "mysterious" reasons and thus 2 times my bail plea have been rejected

Q1)  if police refuse to take belongings how can i compel them to take belongings?

Q2) HOW CAN I GET THE BAIL IMMEDIATELY?

REGARDS,
Renant



Learning

 8 Replies

Advocate Deepak Gupta (Lawyer)     07 June 2013

Some body on behalf of you meet with investigation officer and  higher authority of police , manage the situation  , seizing article is police job ,


(Guest)

@Querist,

 

Why you are returning belogings to the police,rather you should have been doing it in the court!!!

 

 

Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,

renant garcia (AGENT)     07 June 2013

respected sir,

already talked to IO but they r unofficially telling some big boss has instructed them to do so i.e. not to take back her belongings......

Q1)can a court give order to police?

Q2)is it true that 498A after divorce petition was filed looses its strength and police can not arrest the husband?

REGARDS,
Renant


(Guest)

@Querist,

 

Reply Query-wise

 

1.Yes.

 

2.Misconception.Rather adverse will be the situation as she may plea that you threatened her to proceed for divorce and that would amount to further cruelty to her within the meaning of section 498-A of Indian penal code 1860.

 

Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,

Advocate Deepak Gupta (Lawyer)     07 June 2013

Not true , divorce and 498A are different , police may arrest .civil cases not effect the criminal case proceedings and police job.

Just file applicaiton along with court order ( condition mentioned for bail ) to higher authority of police and take receiving and then file bail application along with receiving  . 

renant garcia (AGENT)     07 June 2013

Respected SIR,

then why court is not giving such order to collect her property?

and rejecting my bail twice....last day at my hearing court has not directed police to collect her property instead ordered to "verify" the case...


then would i be arrested now?

regards,

renant

Advocate Deepak Gupta (Lawyer)     07 June 2013

Seizing is police job , Move to HC for AB.  I cant understand the verify word in bail application order .


(Guest)

@Querist,

 

Why didn't you come up with full facts earlier.After 6 replies,you are disclosing the fact that case is still under investigation process. You have no option but wait for the completion of investigation as anticipatory bail is not a matter of right but matter of descretion of the court and since the investigation has not been complete,the court cannot take any decision at this time without knowing the gravity of the situation in the case.

 

Wait till investigation is complete.


Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,


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