Hello... i was married with my wife in february 2016 in an arranged marriage arrangement. after marriage wife started demanding things like live separate from parents, take me into restaurants frequently, she did not perform household duties or care of my parents. if same is not done she threatened me and my family to bring behind the bars. demanding this she went from my home along with her brother and mama on 1 november, 2016 (after 8 months of marriage) , post this when we tried to contact her family they asked us to talk to my wife only. when i called my wife.. she responded in very bad manner and said that she will not come to my house also tried to convince me to live apart from parents putting false allegations on them. she also threatened that now i will see how you and your family will get bail. as i was already afraid of this i recorded this conversation and wrote to local police and SP office and wife's city police and sp office and mahila ayog in january, 2017 mentioning entire episode and requesting them to save my matrimonial life and hear from me before wife file any false complaint. Wife filed application in parivar paramarsh kendra of her city in june 2017 who called me and when i went there i gave them my written application along with earlier copies of letters provided to local police and sp office of my and wife's cities. paramarsh kendra officers insisted me to take wife with me however as wife wrote false allegations in her application, i asked them to have a written mutual consent accepting false allegations and not to thraten such allegations in future by my wife and me. but as same was denied case was dismissed by paramarsh kendra and suggested to go into court in aug 2017. now 6 months after above my wife in april 17 came alongwith her parents and entered into house saying that they have come for discussion then they all started thratening us and in between wife went outside attending a call and called police. after above incident next day i again wrote to IG police and SP office of police mentioning all incidents and requested to hear me and have a proper investigation before filing any complaint but after two days of my request to the police. police filed complaint against me and my parents u/s 498 a and sec 3/4 of Dowry prohibition act where wife mentioned that she never left my home and recently she went for 1 day and when she came from her home me and my family denied her to enter into home and we were asking her for more dowry and also were beating her for this. i have above letters copies and certified copies of paramarsh kendra proceeding as well. Shall me and my family get bail?, kindly guide if any other better action i can take on this issue.
1. There is nothing to worry at all about your case Getting bail in 498A cases has now become a routine affair than an exception.
2. So since FIR is registered it is advisable that you apply for bail immediately , preferably anticipatory bail.
3. At the time of hearing of bail you can refer to the Paramarsh kendra minutes.
Hello sir,
You shall move anticipatory bail application before the concerned court if law permits otherwise you shall move to high court for relief. As per the judgement of Anresh kumar vs. state of Bihar, Police official can not arrest the person before satisfying the magistrate in which offences punishment is less than seven years.
For further assistance , you may contact me.
Thanking you
Dear Sir,
Nothing to worry. Now the SC has given several instructions to police before arrest in 498a case. The is as follows.
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No arrest in dowry cases till charges are verified, says Supreme Court
…..family welfare committee
NEW DELHI: Expressing concern over disgruntled wives misusing the anti-dowry law against their husbands and in-laws, the Supreme Court on Thursday directed that no arrest or coercive action should be taken on such complaints without ascertaining the veracity of allegations.
Acknowledging a growing trend among women involved in marital discord to abuse Section 498A of IPC to rope in their husbands' relatives — including parents, minor children, siblings and grandparents — in criminal cases, a bench of Justices A K Goel and UU Lalit said it was high time such frivolous cases which violated the human rights of innocent was checked.
This is a shift from the dominant judicial conception of women as victims who would silently suffer injustice rather than bring disrepute to their family by taking domestic conflict outside the four walls of the home. Going by the popular portrait, it is only the worst victim of abuse among women who approach the court for redress.
On Thursday, the court broke away from the reigning perception to rule that in dowry cases, the account of the alleged victim need not be taken at face value.
Undercutting the innocence law enforcement agencies had so far assigned to complainants in dowry harassment cases, the Supreme Court on Thursday directed all states to set up family welfare committee (FWC) in each district and tasked them with testing the veracity of every complaint.
"It is a matter of serious concern that large number of cases continue to be filed under Section 498A alleging harassment of married women...
Many such complaints are not bona fide. At the time of filing of the complaint, implications and consequences are not visualised. At times, such complaints lead to uncalled for harassment not only to the accused but also to the complainant. Uncalled for arrest may ruin the chances of settlement," the bench said.
"We are conscious of the object for which the provision was brought into the statute. At the same time, violation of human rights of innocent cannot be brushed aside," it added.
Hello,
Yes you will easily get the bail.
Also in this case you may move to HC for getting the FIR quashed and in your case I gase the same will be quashed atleast for the parents.
Get in touch with a lawyer.
Regards
Sir as the complaint is filed you have apprehension of arrest it is advised move an anticipatory bail application to session court annex with your bail application all the complaints you have previously made against your wife you and your family will get the Anticipatory bail.
As soon as you get anticipatory bail move to high court for quashing of FIR if the FIR is registered by the police you have good case for quashing if the court pleases shall quash the FIR.
You can apply for and obtain Anticipatory bail from sessions court
2) court would grant you and your family AB
3) rely upon complaints made by you to police station
1) Yes, you and your family will get bail.
2) secondly file RCR case against your wife so you and your family will be get protected from 498a and DV act.
3) after that later than file divorce case go for judicial separation let court take decision.
U will easily get bail
Dear Client,
You have ample proof of your innocence, Keep originals with u, and on the basis of those letters and certified copies of paramarsh kendra proceeding, u can apply for anticipatory bail. Bail will grant.
1. Contact a local lawyer, apply for and avail anticipatory bail for the accused.
2. Now a days, no arrest will be made by the police without the consent of the family Welfare Committee as per Supreme Court direction.
3. So, do not panic.
4. It will be easy for you and all the accused to get Anticipatory Bail against the FIR lodged against you by showing your earlier letters sent to the police and thereafter contest the case fittingly.
Dont worry about this because the developments will be of this type only, hence you may first obtain ABG for all and then challenge her false cases in the trial court properly.
Reading the entire facts as stated by you, it appears that you and your family have a good case for getting Anticipatory bail. it is advisable to apply for anticipatory bail at the district court. Annexed with it all the documents i.e. the complaints etc for letting the judge to get a better idea of entire facts.
Yes, you will get a bail.
Depending upon the facts of the case, the judge decides whether you should get bail or not and it completely, at the decretion of the court to grant the bail to you and your parents.
Generally, in non-bailable cases like in your case, bail is not the right but the discretion of the judge if regards the case as fit for the grant of bail, it regards imposition of certain conditions as necessary in the circumstances.
You can also file a case for perjury against your wife, if you have impeccable and irrefutable evidence that your wife had left her matrimonial home long back and is lying under oath.
Yes you and your will get bail in this matter.you need to appoint a good lawyer.
