Pratik Mishra (Owner) 21 March 2013

Tranfer of case and bail in ipc 498a

I have been married since 3 years, it was a love marriage and parents were against it so we got married but parents gave reception and accepeted it but since then my wife never visited their home so that means she never met them in 3 years. I lived in bhopal those days withmy wife doing business, but i got heavy loss in business and finally my parents supported and asked me to come back, but my wife did not came with me and went to her parents home. Now later i got setteled in some other city but she never came back to me

Now since 11 months she never came to live with me, and since 3 years she met with my parents, that also for 1 day only.

Now on 20 march 2013 my father got a call about case against me and my family for torturing under IPC 498a in her home district in Maharashtra. My parents lives in Madhya pradesh and i lives in Delhi. Now what could be the consequences, how could i get a bail specially my family which includes 4 more members and is there any way of transferring case out of her home district? Please aswer me, i am just numb and have no idea what to do.

Reply Follow

11 Replies

Manish Udar (www.Mehnat.IN) 21 March 2013

Get a lawyer and apply for AB

www.mehnat.in/wives.html

JASWANT VIJAY AGNIHOTRI (AIR ARMY) 21 March 2013

get call detail of her if u can, ask the reason and why not divorce filed, do u have any child...?

visit-''498a.org''

ashoksrivastava (scientist) 21 March 2013

Immediately hire a competent lawyer and apply for AB for all the accused . get certified copy of fir and discuss the allegations with your lawyer.As time limit of filing of 498a fir is 3 years its possible that allegations against some of your family members may be non continuous in nature. in that case those family members can easily come out of the case . however nothing can be said till details of allegations contained in fir are known. regards ASHOK

Pratik Mishra (Owner) 21 March 2013

@jaswant Vijay : Sir we don't have any child, she is not living with me since april 2012.

@ashok Shrivastava : Sir we have hired Best lawyer and he is now going to that city to see the situation and we are also applying for anticipatory bail. I would like to ask one more thing that after we get the bail what are the chance of case transferring to the city where the so called "Harrasement" took place. Because the detail we got is that police first rejected her plea of lodging her FIR as they said go and lodge FIR in the city you have been harrassed but after court order they lodged FIR. Distance between the city we live where she is saying that she was harrassed and where she filed FIR is more than 1000 KM. And last time she visted my parents home in november 2009 that means more than 3 years ago.

Manish Udar (www.Mehnat.IN) 21 March 2013

Your parents cannot be made accused in 498a or 406 case since 3 years have passed since their last meeting with her. Case transfer on accused's request cannot be done usually.

www.mehnat.in

Rahul Kapoor (Legal Enthusiast) 22 March 2013

hello,

get a copy of FIR.

apply for AB.

fight back on merits.

regards-

rahul.gogreen@gmail.com

Rahul Kapoor (Legal Enthusiast) 22 March 2013

transfer chances of crimial cases are very slim.

Pratik Mishra (Owner) 22 March 2013

@Rahul Kapoor : Isn't there rule in this law that the case will be transfered to the police station where the "harrassement" took place, especially when the distance between both police station (One where case is filed and once where harrassement took place) is more than 1000 KM. And how tough it is to get AB especially when she never ever visited my parents house since november 2009, we are going to apply for it tomorrow

Rahul Kapoor (Legal Enthusiast) 22 March 2013

you can apply for jurisdiction based discharge

regards-

rahul.gogreen@gmail.com

Sameer Sam (Self Employed ) 28 March 2013

Hi Prateek,

Below is link for your guidlines please read it once.

you can take guidlines from 49a.org also. there are too many peoples for my case Shonee brob given me help as well as good adivce you can read his threds and advice on 498.org as well as on same portal also.

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

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

If you don't fight for what you want, don't cry for what you LOST.

Kirit Dedhia (CA) 15 July 2013

You can go to the High Court having jurisdiction over the Megistrate where the case is going on or Ploce station situated for quashing of the FIR and alternativey transfering the case to the jurisdiction where alleged crime took place. There are many judgements including that of Supreme Court relating to the jurisdiction in case of 498A .... Recently Bombaay High Court as well gave a favoiurable decision ...... I feel one should try atleast.... i can email few judgementrs I have ...email me : kiritca@gmail.com