• Husband agreeing to keep wife, to get AB from HC

Hello, I have been fighting a 498A, since Feb 2017 & after 1 yr, SDJM issued bailable warrant against my Husband, who was an NRI n had abondoned me. Since District court rejected his AB now he moved HC for it, saying he wants to keep me. In1st hearing (for admission),the honorable Judge stated 2 options- bail is allowed or couple stays together. My question is why do 1 get only thz 2 options when, I have been running pillar to post,to get justice? Why Court ignored this fact that my husband, ex NRI, abondoned me as I found proper evidence about his relationship with call girls n misuse of my photos on porn websites? Why can his bail not be rejected, as He was the one to file Divorce n not I & he was the one not attending any court hearing till now?
Asked 6 years ago in Family Law
Religion: Hindu

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14 Answers

The court or is optional, in case couple do live together or bail will be allowed so he may get bail if you do not live with him and if you both agree then the 498A should be withdrawn mutually.

Getting bail does not meaning of loosing the ground and police will do it's investigation and submitted the chargesheet or final report as the findings will be. Please be aware that the bail is a right and if there are no merit objection it should be allowed

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Dear Querist

Bail can be canceled if he breaches any terms and conditions of the bail order which was imposed on him at the time of granting the bail by session court or High Court, bail cancelation can be filed Under section 439(2) of Cr.P.C.

if the bail was granted by the Magistrate Court then the bail cancelation can be filed Under Section 437(5) of Cr.P.C.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1) court generally release accused on bail in 498A cases . Court seeks to help parties reconcile their differences and save the marriage

2) you have to prove allegations made in your complaint

3) if accused is proved guilty he would be sentenced to imprisonment

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

If he's given the undertaking that he'll keep you with him and will also mend his ways by following a good behavior in future, what seems to be the problem? You may appear before the High Court and oppose his bail. Contact a local Lawyer practising in the Patna High Court.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

The bail is not still granted you can appear in bail through your lawyer and can contest the same.

Even if the bail is granted you can file for cancellation of the bail in hc and contest same before hc that the husband to get bail has stated same and you can keep your case before hc.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1) You can appeal in the upper Court that you are not satisfied the decree passed by SDJM court, so please check again for justice. And ask for punishment of husband for his cruelty and adultery act of his.

Ganesh Kadam
Advocate, Pune
12928 Answers
255 Consultations

4.9 on 5.0

Dear Client,

If u will not appear before court, certainly court might grant him bail.

Instead of questioning here, oppose his bail application, and site all the reason, why u can`t stay with him.

Show order of High Court.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

1. You have a misconception about bail.

2. Please note that bail is considered as right and its refusal is treated as exception.

3. For the offence allegedly committed by him, he will be punished accordingly if his crime is proved but before that he shall have to be given opportunity to defend him with evidence and arguments.

4. Bail is granted if there is no chance of his manipulating records/evidence of the alleged crime, influencing the witnesses and running away from the trail.

5. You have lodged the 498A complaint for which FIR has been registered against him and he shall have to contest the case against the State now.

6. If he is proved to be guilty then he will get the punishment which has been prescribed as per law for committing the said offence.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

You can pray before the court in this regard. If you have submitted all evidences then you have also prayed before the court for prooer justice. If there is a roght there is a remedy, therefore if you have something more to say before the Court then in you prayer before the court, mention those points.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

You have filed 498a case and you are a defacto complainant only.

The police is the complaint hence the views of police are also taken into consideration.

his is just a bail, hence you dont worry, he has to face trial proceedings based on your complaint and statement given before police.

You can take up all these issues then

T Kalaiselvan
Advocate, Vellore
84896 Answers
2190 Consultations

5.0 on 5.0

Was he granted AB bail earlier and was he made to surrender before court and take regular bail if he had got regular bail and violated terms and conditions court may cancel the bail. Since the laws on 498A has drastically changed court has given the option just to make sure you both live in peace in future.

From your question it seems you want to be with him since you said he files divorce. Please note if you find any evidence of his affairs that cannot be ground to reject bail under 498a.

If he has misused your photo on porn website lodge a new complaint with police and get him arrested.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

It is rather unfortunate when Courts leave the litigants with such ridiculous options. In such a situation, either you can file a detailed affidavit putting on record all this what you have mentioned herein above and tell the Court that neither of the options is agreeable to you and ask the Court to pass orders and challenge the same or you can say that you are agreeable to stay together subject to certain terms and conditions which all shall be recorded. You can then use the same to get his Divorce dismissed.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

Bail is eventually given when there is no need to arrest. The case is not over after bail. You can contest your case in trial and get get him convicted.

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Hello,

Appear before the court and inform the same.

You can not be forced to live.

If the bail is then granted then move to SC for cancellation of the bail.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

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