• My wife has filed 498a case against me and my family

Sir, i have married on dt. 01.01.2017 and i have found my wife has an affair with another and i have got her audio clip. So, i have give her one verbal TALAQ. After 4 month she has filled 498a case against me and my family. Police officer called us at police station.

So, what can i do please guide. Can i get bail for this?
Asked 6 years ago in Family Law
Religion: Muslim

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11 Answers

You can apply for and obtain Anticipatory bail from sessions court 

 

2) wait for police investigations to be completed and charge sheet filed 

 

3) then based on legal advice file for discharge before trial court or quashing in HC 

Ajay Sethi
Advocate, Mumbai
99846 Answers
8148 Consultations

See firstly you and your family members need to apply for anticipatory bail on ground of complaint before the sessions court. 

Also since still the FIR is not registered try negotiating with wife that she should not pursue the case, also keep your side and copy of audio clip before the police and try to convince them for fact that the wife has filed false complaint.

In case the FIR is registered you need to go for quashing of FIR before the High court. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You need to get anticipatory bail from the sessions court ahmedabad to avoid arrest and a quashing petition can be filed before the high court to quash the FIR.  

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Sir,

First, get bail application in court. If the police couldn't arrest you, do not surrender to the police. Second, keep collecting evidence. You have to create your evidence for innocence. Start to counter charge them and start making your story. Start writing letters to the , media, human rights organizations, etc telling them of the misuse of the law.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

if FIR is registered you should apply for anticipatory bail from sessions court 

Ajay Sethi
Advocate, Mumbai
99846 Answers
8148 Consultations

First of all you will have to prove that the case filed against you under section 498A of IPC is false and if you are successful in proving it.

You can apply for anticipatory bail from superior Court. 

After filing chargesheet,under 482 of Crpc  go for quashing.

Mohammed Mujeeb
Advocate, Hyderabad
19335 Answers
32 Consultations

You need to first take ABA before going to police station.

Prashant Nayak
Advocate, Mumbai
34564 Answers
249 Consultations

Dear Client,

Bail will grant from court if police will arrest you or apply for anticipatory bail. At present police has called in routine manner. No arrest will effect , don`t worry.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

You first obtain AB and then proceed with the case to challenge the same in the trial proceedings accordingly.

The talaq has provoked her to file false case against you.

 

T Kalaiselvan
Advocate, Vellore
90048 Answers
2498 Consultations

You cannot get bail from police station, you may have to apply for anticipatory bail from the district court only

T Kalaiselvan
Advocate, Vellore
90048 Answers
2498 Consultations

  1. No, you will have to get the anticipatory bail as if you try to get bail from PS then first you will go in jail then would have to apply for regular bail which is not at all a good idea.
  2. And you file the divorce petition on the ground of her adultery on you, in this way you can use the same evidence to show and get bail as well as do not let her win in that false alleged offence.
  3. And by this way you will also not have to give any alimony to your wife as she is at fault and when wife is at fault or cruelty or adultery then she can’t even think of getting any alimony.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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