pankaj (MD) 17 March 2013

Victim of section 498

Dear All

My wife have filled an FIR against me & my father under section 498a, 406, DV etc.

We got married 6 years ago, we have a 4 yrs old child too. From last 3 years i.e 28.3.210 she is leaving in her parents house with my child. she even took away my car too. She was in regular in contact with me through emails, and was saying his dad was not allowing. But she also change. From last 7 months she was in not in touch with me.

On 18th Feb 2013 i had file a RCR. She had given an application to the police for filing FIR against me, mother, dad and unmarried sister. I am my family members had applied for AB. Now on 4th march 2013 she had filled a FIR against me & my father through magistrate. My advocate said they had remove my mother and sister name from FIR. Some how i run away. We had applied for bail and date of bail application was 15.3.2013. On 13.3.2013 they had caught my dad.

Till date they had put my dad on reward. Opposition party is very influential, they had said till i surrender till they will not let my dad got bail. They even came with my dad for search our house, but refuse to take away anything as saying they will come again at the time of me. My father remand got over on 16.3.2013 but still in police custody, and date of hearing on 18.3.2013, even magistrate not giving bail to my dad due to opposition party influence.

My advocate is also saying that come n surrender. Firstly he was saying that he was not having many signature so i have come and sign the bail application, now he agreed but even not applied my bail application. He is saying that he will apply my bail application after my dad got bail. We are saying just apply my bail application and got it rejected from here (beacuse we know from lower court we will not get bail as he knows judges n all) and then we can move to high court.

Please help me what do to? He is my advocate is on right track? Can my wife file an FIR against me after 3 years of separation too and even my car is in their custody. What counter cases should i file against them?

Please advice me sir

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7 Replies

Manish Udar (www.Mehnat.IN) 17 March 2013

Find a lawyer who is willing to follow your instructions.

www.mehnat.in/wives.html

dv (ghvhb) 17 March 2013

Hi pankaj I am not an expert buy a victim and am learning things. Please mention where you live and your wife and where is the case filed your city or her. What I am suggesting you is more definite loopholes because as soon as experts on this forum reply they will need more specific details. Do you trust your lawyer I mean is he reliable or has he come under the clout of your x-laws. What does your fil do to have such influence, I mean is he a police officer himself or well connected? approach SIFF memeber in your area. I pray to God for your and your family's safety. Don't give up, these are hard times but it will make you stronger .This is pure pressure tacticsyur I. Laws are using , once you don't succumb victory is yours.

pankaj (MD) 17 March 2013

Case is file in haryana (wife lives). My father in law is well connected. Therfore he is not allowing my dad to get bail. Police saying they are also having lot of pressure from higher authorities. many approaches have come for not letting my dad free.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 17 March 2013

Your dad may be senior citizen and anticipate any unwanted health hazard circumstances. You father must need some help from home members. In these circumstances your dad can file a bail petiton. Judge may consider old age and its subsequent circumstances into consideration while hereing a bail petition. Please try that way.

pankaj (MD) 17 March 2013

Already applied bail application of dad, but magistrate just delaying in grating bail. opposition party saying they will allow my dad to get bail unless n until i surrender

Manish Udar (www.Mehnat.IN) 17 March 2013

Bail is not in their hands that they can stop it whenever they want and permit it whenever they want. Even Chautala has been jailed, I am sure your father-in-law is not a chief minister level person. Fight fearlessly, you have nothing to lose. Surrendering and then getting bail is another decent option which you may consider, instead of living the life of a fugitive. Stop being afraid of the influence of the other party. The law is very powerful and is above us all. Do not let the local magistrate waste your time. Get yes or no answer from local court, and then apply in high court and if need be, supreme court. Engage a lawyer who has fixed charges for getting bail, right up to supreme court stage.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 17 March 2013

Dear Pankaj

you should file bail application with the Sc judgement/HC Judgement in which the Apex court clearlly held that the court should reject the bail only in henious crime and this ios not a henious crime this is a matrimonial dispute so the bail will be grant if the FIR is registered u/s 498A, ipc.

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