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Taking 498a/406 back

Hi Guys,

I want help on a complex scenario.

My estranged loving wife has filed 498a/406 and currently i am on Interim bail from High court. Currently, mediation process is going on in HC where she has turned up on only 2 dates out of 7 dates.

On the one hand, she says she wants to settle and come back with me and on the other hand suddenly she came to police station for recovery purpose & there she abused me and my mother.Finally after discussion, IO Told me that girl will give prior notice of 2 days before coming here for recovery. How come she can think of coming back after filing 498a/406 and behaving like this. I am totally shocked/amazed of this behavior of her. I dont know how to handle this situation.

Some guys told me to say yes u r ready to take her back & then only ur bail will become absolute, but i feel if i say this.... then she may say OK she is ready to come back and in real scenario, keeping 498a wife with me is next to impossible & i cannot even think of that.

Can someone throw some light, gimme some ideas for handling this typical situation




 7 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     09 February 2013

Dear Mani

Marriage is not a play, its a heartly, emotional realtion between two parties and as per my opinion where the heart has been broken by one party to another the settlement may be done but the love and emotions can not be return and they never live with each other as they live earliar, "Bail is a right and jail is exception" it is very famous principle of law and recently used in \many cases, so no need to worry about your bail if you have her articlesthen return back to her in front of police and get your reciving from her or IO of the case and fight the case if you are not ready to live with her, if you are ready to live with her then settle the matter and live togather happily.

If you need some judgement related to Bail or another issue regarding 498A/406 of IPC you can contacted to me personally or over the phone

Feel free to Call

1 Like



Thanks Nadeem Ji for reply. I have sent u PM.

BR, Mani

Never Give Up (Fighter)     09 February 2013

Better to be jailed for few days instead of getting crushed for lifetime..


Responded to your PM.

Msk-need -nuetral- laws (self)     09 February 2013

see my PM Mani

ashoksrivastava (scientist)     09 February 2013

 hi  mani if your wife has really abused you and your mother in police station then she is only playing mind game with you to trick you into  refusing to take her back in front of court. if she wants to stay with u she can do it through dv and or rcr . interim bail means chances of getting absolute bail are very bright so she perhaps wants to get you arrested .



Report this matter of abusing by wife in writing to judge.  during  next hearing   say that you are willing to forget and forgive to save your marriage but your wife has threatened that even if you get bail she will again file falsefir to get your bail cancelled  alleging that you have threatened to kill her in case she doesn't withdraw 498a case

. so pray to    judge  that   she is most welcome but court should take written assurance from her for good behaviour. in the mean time get ready for 439 petition. If she comes back  and you feel that she is not going to mend her ways immediately  lodge  a fir that wife has abused   and threatenedyou all. Remember after some apex court judgement details of mediation proceedings will not be  sent to high court when it fails these will basically be off the record  mediation report will consist of only 'mediation failed '.whatever you want to be on record for future is to be pleaded in highcourt during final hearing.All the best


Hi Ashok, 

What is 439 petition. Can u guide me in this ?


BR, Mani

ashoksrivastava (scientist)     10 February 2013

its petion for post arrestbail

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