• 498a

I have made my profile on Bharat Matrimony in August 2013. Mr. Ashok Sharma has contacted me sometime in early September same year regarding the marriage proposal of Ms. Ali Sharma, I have liked the profile and started communications with Mr. Sharma. He has asked about my work and earnings primarily and then the family background. Just after that I had to go back on work at Oman for around 42 days. I came back in 1st week of November 2013 to Delhi. Mr. Sharma has given me the mobile phone number of Ms. Ali to contact her and arrange a meeting. I have called her on the evening of 11 November 2013, she have told me that she will be busy for a couple days, then later on 15th November we have met in Gurgaon, after meeting I have dropped her back to her PG accommodation at Subhash Nagar, in west Delhi. I have taken her to my home at Dwarka after a couple days, where she met my mother. We met a couple times more after that to understand each other. Later on last week of November 2013, Her Father Mr. Ashok Sharma, mother- Mrs. Neerja Sharma, Sisters- Ani and Abhi Sharma with their husbands Amit Sharma and Vaibhav Mehndiratta came to my house in Dwarka to discuss date of “roka” and marriage. We have decided 6th December 2013 as date of roka and subsequently night of 14th February 2014 as marriage by mutual consent of both families. I have given her “satya paul” saree worth of 30000 during roka ceremony on her request. I had to leave on work to Oman in couple days after roka ceremony has performed.

I was consistently been in touch with Ms. Ali and her family discussing venue and arrangements. I have told her father that I am in favor of a simple marriage in Arya samaj Mandir as my family has believed on simplicity, both my sisters were got married through Arya samaj Mandir, I also mentioned that my family and I are completely against of dowry system, and we don’t want anything else except your daughter. Her father replied me “ I want marriage ceremony to be performed in Jaipur as they have too many guests”. I did not have any objections on that so I have agreed.

Meanwhile I was making shopping list and asked Ms. Ali on phone that what kind of Jewelries, ornaments and other things she was expecting from me. She have asked for 80 to 100 gms of wedding jewelry and “lehnga” for a worth of 2 lacs. I was little bit nervous, as I was not expecting this and my savings were low due to household expenses. I did not refused it completely but asked her to reduce it to 6-7 lacs worth of jewelry and “lehnga” to 1 lac. She said her sisters has married providing more jewelries and heavier “lehngas” from their in laws. I replied her politely that I am sorry I can’t do what you asking for because I am constraint from budget. Later on I bought Jewelries and Lehnga total of around 10 Lacs ( Bills are available)  

She asked me to book honeymoon in Europe, again I couldn’t do that firstly it was very expensive and secondly there were lot of visa formalities to be done, and due to I was in Oman during the time, I couldn’t be able to complete formalities.  I have suggested her to go to visa free country and we chose to go Seychelles. I have made all bookings re: airliners, hotels, ferries etc. online from Oman. 

I came back from Oman on 4th February 2014, and indulged in preparations of marriage immediately. I have bought her Jewelry and ornaments before 12th February. Her father has intimated me that he wants to book marriage venue in the outer gardens of a five star hotel because of his guests. I agreed on that. He asked me to book hotels and travel for guests from my side by my own. I agreed on that also and booked 12 rooms in hotel “The Theme” in Jaipur online. All the expenses of travelling, staying in Jaipur for two nights for my guests were borne by me.

We came back to Delhi on 15th evening with Ms. Ali as my wife. On 16th morning we went to shopping and I have bought cloths and other required things for her, as she did not bring any of her cloths and other personal use items from her home. She have asked me to buy a fully automatic washing machine, I bought that same day from Dwarka for 44000 rupees. I asked her to add my surname in her name, but she refused it completely by saying we need to register the marriage first then expect her to add my surname on her.

On 17th February 2014, we have flown to Seychelles. I have paid all the hotel and airliner cost in advance. After a couple days in Seychelles, she has asked me to buy another apartment for her, as she did not wanted to stay with my mother. I told her that it is not possible within a couple years. She walked out of hotel at around midnight. I was so afraid for her safety, so I followed and found her around half kilometer away from hotel. She was sitting in middle of the road on a divider. I begged her to come back to hotel, but she was so disappointed that she doesn’t want to come back. I have touched her feet and promised her to get another apartment soon as possible.

There were couple more minor incidents like she wanted to go to pool in wee hours and when I objected she did same, left hotel without telling me and I had to find her and taking her back by begging and agreeing to her non-sense behavior.

We came back to Delhi on 3rd of March 2014 and started living by lot of adjustments. I had to put a full time domestic helper, as She never behaved like a family person, example she had no interest in cooking, taking care of home etc. She used to leave her dirty cloths and even her under garments on floor waiting me to put them in machine. I have told her politely many times you should at least take care of your own things, but any time if I object on something, she freaks out immediately and start to put false allegations that I beat her etc. in loud and very bad language. For the sake of marriage my mother and I was bearing everything. I thought she was living in PG accommodation before marriage where she was use to live like this, so with the time she will get mature and understand family values.

Around 10th March 2014 she have demanded 50000 rupees, when I asked her why she need that money when I was trying to recover from marriage expenses, she has refused to answer by saying her parents never asked her before fulfilling her demands. I told her my situation and asked her to wait for a few days till I get my salary, she just packed her bag by saying if you don’t pay me then I am going. Finally I had to pay her 30000, to keep her calm.

I left home around 18th March 2014 to workplace in Oman. Before leaving home I gave her another 20000 and paid her mobile bill and household ration etc. in surplus (I was paying her mobile bills by credit cards so have evidences).

She has asked me to call her each hour from Oman, and I was doing it. Many time she use to call me around midnight saying there is a lizard in bathroom, how can I get in there, it was sounding very weird to my ears that a thirty year old mature lady talks like this. At home she continued her bad and irresponsible behavior. My mom could not able to resist on that and she has started spending more days at my sister’s place in Hari nagar.

She has a different lifestyle like she always liked to spend time in pubs or five star hotels, she always like outings etc. Always there was somebody from her office to drop her back home if I am not in the country. I always feels it bad and many times I told her politely that I don’t like if you are coming back late from office with somebody, but it seems she never listen what I say to her, may be I was too polite. She used to spend most of her holidays with her elder sister(Abhi Sharma Mendiratta) who was living in Dwarka at that time. Her sister has a similar lifestyle so I thought probably she is too influenced with her. I never objected nor asked or stopped her meeting any of her family member any time. I was booking her travel tickets online from Oman to let her go to Jaipur whenever she wanted.

I came back from Oman in last week of April 2014, then we decided to go for an outing to Shimla, On the way near Chandigarh, she started quarreling and behaving violent, she broke the windshield of my car by hitting the rear view mirror hard with god’s statue placed on dashboard. She opened the door of car and tried to jump out, I stopped the car and pulled her back in car, she started shouting that I have beaten her when I was pulling her in car by holding her hand. Anyway I begged her again and we stayed overnight at hotel Park Plaza in Zirakpur. We continued our journey next day to Shimla.

After knowing her behavior I was completely understood that any time if I put any objection on her endeavors then she could go to any extent to insult me. I started adopting her behavior and fulfilling her demands, if not completely then partially. 

In first week of May 2014 I took her to Jaipur. Where I have discussed her behavior to her parents, they have asked me to put at least five lac rupees in her account, by doing that she will start respecting you. I was very nervous because after analyzing the situation I am going through, instead helping their daughter to adapt family life, they were asking me to give her more money. Her father has told me to help him monetarily to set up a business or to take him along to Oman. I was really under pressure. I had an apple ipad, on the way back to Delhi from Jaipur she has asked me to buy one for her mother too. I bought for her immediately from Gurgaon. I was always frightened from her due to her instant bad behavior and quarrelling which use to lead her leaving home at any time of day or jumping from roof, if I refuse to deny any of her demands.

On last week of May I went back to Oman, before leaving home I paid her 25000 rupees for herself, apart from her bills and household stuff. She never has withdrawn money from her bank account during her stay with me, because I was fulfilling her all expenses. Time to time I was buying her expensive gifts including jewelries etc. But she was never been satisfied. She always demands for more and more.

Same thing from Oman I was calling her many times a day, booking her travel to Jaipur, paying her phone bills etc.  I was always worried for her safety as she use to come back from office late sometimes in cabs or sometimes with her friends, so I use to call her frequently in evenings till she reaches home to ensure she is safe.  Many times she switch off her phones overnight on small disputes or on other words she was creating disputes, for example if I am late to call her due to meetings or office work…she gets abusive and if I have told her “ you are getting abusive so I will call you later”. Then her phone gets on switch off mode till next morning till I don’t apologize for nothing. She was just likes me to beg her to talk to her or keep the relation going.

I came back to Delhi sometime in second week of July. We went for couple outings; all the expenses from 1st day of marriage on anything were borne from me, mostly on credit/debit cards. She has asked me for 1 lac rupees to pursue her further studies, which I have paid her by online bank transfer, though I don’t know if that money was utilized on her studies or not. I was always bringing gifts, dry fruits, and chocolates for her family on each time I came back from work. Things were moving, I was looking to improve her behavior consistently, I requested her to try to conceive as when a child comes in family, and it strengthen a bond in relationship. Sometimes she agrees on my thoughts. But each time when she is in good mood, she asks me to stay separately from my mother and buy an apartment on her name. She always insisted me to transfer all my savings to her account, and always her father follows her statements. She was always saying that my dad has a pistol (he shown me before) and if I don’t fulfill her demands then he will take care of it. Because of their intentions I was afraid going to Jaipur to meet her parents, but still each time if I was in India, was going there for a day or two. Many times she was staying out overnight and use to tell me that I am going on office trip. But I never enquired about it.

There was nothing significant happened apart from normal disputes as mentioned above till 2nd of December 2014, when I came back from work. We have planned an outing trip to Darjeeling and Gangtok. I have booked flights and hotels in advance as usual and we went off on 9th December. We had smooth stay in Darjeeling and I was really appreciating it that things are improving, we went off to Gangtok and Lachung to celebrate her birthday in snowfall. I have bought gold bangles and diamond ring as her birthday gift. We came back from Lachung to Gangtok on 15th December, I was playing a game on my ipad in the room and she was watching TV in the evening of 16th. I asked her to lower the TV volume a bit as it was disturbing me to concentrate. She got panicked and asking me to leave her alone in the room, so I walked out for a couple hours. When I came back she put all my cloths in a bag and asked me to leave from hotel. It was around 23:00 hrs. I told her its too cold outside and I cannot be able to find another hotel at this time. She said if I don’t go then she will jump from balcony, I pulled her on to bed and closed the balcony. When I turned back she was lying on floor and screaming that I have beaten her and she’s going to police, I was afraid because I have been through this situation many times with her so far. I had to apologize again of the fault I didn’t do, begged her, touched her feet to make her calm.  We came back to Delhi on 19th December and she joined her office back. I left on work on 26th December 2014.

On 17th January 2015 she told me that she wants to go to Jaipur on 23rd to 27th, so I have booked her tickets online. We were talking each day normally by then. On the morning of 25th around 8:30 I called her on phone, she was talking polite and good then I went on work in remote area of southern Oman and there was no network coverage till I came back in afternoon, before leaving accommodation I told her that I am going to be out of network till afternoon. On the way back I have received a very stressful message from her as below


 I did not understand should I be happy that she is pregnant or should I be sad because she wants to abort, I called her immediately on phone but instead listening anything, she started abusing me in very harsh words like “ tum ghatiya insaan ho, tumhari family ghatiya hai” and much more, there was a point when her words got too abusive and I had to drop down the phone. I called her mother immediately and request her to make her understand the importance of her pregnancy. After an hour her eldest sister (Ani Sharma) has called me and instead asking me that what I think about Ali’s pregnancy, she asked me to come to give my consent on termination of her pregnancy. I refused it straight away, because I wanted this child to be born, I was waiting for this event, how could I give my consent to abort. There were many sms’s and whatsapp chat related to it that time. From there each day, when I call her, she was abusing me so bad that I can’t explain. I was wondering what I have done wrong with her. 

She came back to Delhi on 27th January 2015 , but she did not came over to Dwarka, instead she stayed with her elder sister (Abhi Sharma Mehndiratta) at her Gurgaon residence. She was mentally torturing me each day on phone and text that I should sign on pregnancy abortion documents.

I came back to Delhi on 5th February 2015, went to meet her at haldiram restaurant near her office at Gurgaon. I asked her to come back home with me but she refused and asked me for 50000 rupees, which I paid her immediately through bank transfer.
Next day (on 6th) morning I asked her father to come and solve the issue. He came to Gurgaon at Abhi’s residence. I went there, he asked me that deposit 10 lacs in Ali’s account and things will be fine. I also agreed on that. But before depositing that money in her account I wanted to be sure that she would be carrying my child. I took the time till next day. 

Next day (7th) morning when I arrived to Abhi’s residence, there were only her father and mother. I have spoken my doubt to them, they assured me that she will be carrying pregnancy if I put 10 lacs on her account, provide her another accommodation with all amenities. I promised them that I would do whatever she wants.
I left from Gurgaon around 14:00 hrs. I was on the way to Dwarka when Ali has called me and said she will not carry the pregnancy because she wants to enjoy her life. She asked me to agree on abortion and to give my consent. I refused it again. I became helpless with lot of stress. From there I went to my eldest sister’s place in Jhajjar (Haryana) to relax a bit. Her mother has called me around 20:00 hrs. That she has tried to jump from 8th floor, so if you won’t give your consent then she will commit suicide. I told her that I will come tomorrow and will take her to hospital.

I did not go there on 8th, and no communication has been made between her families.

I called her a couple times and texted from 9th till 11th Feb. But she was not responding me at all. Not by phone neither by text.

On 12th Feb around 20:30, she called me and said I am in Dwarka and the door is locked, I asked her to go back to Gurgaon or call my mother who was at my elder sister place in Hari nagar. She refused to call and told me that she’s going to break the pad lock. She got entry in the house by breaking the pad lock. 

On the morning of 13th February, I went to her office and collected the keys of Dwarka house, she came back to home around 21:00 hrs., and lied down on floor. I asked her for food and to get on couch or bed instead lying on floor. She did not answer anything.  From there each day she did similar things like not talking, not eating dinner, lying on floor, screaming without any reason, putting false allegations on me etc. I was getting depressed and restless each day. I took her for check up in a hospital in Dwarka sector 12, where the doctor also suggested her not to abort pregnancy because she is 31 years old and it is her first pregnancy (Dr. Monika, Gynecologist, Ayushman Hospital) . But she doesn’t want to listen anybody. I had to take depression pills to be stable with her behavior.

On 16th February she went out to the roof and laid on floor around midnight, when I went behind her she started quarrelling and threatening that if tomorrow I will not sign on my consent she will kill herself.

On 17th I had no other option than to take her to hospital for abortion ( I was asking her not to do it have video) and signed on mutual consent. As soon as abortion is performed I became her “darling”, her behavior was extremely pleasant to me. But I was very depressed. My mother came on 20th February from my sister’s place and she was also very depressed. 

My wife forced me to find another accommodation for her, before I go on work

On 28th February I have found an apartment on the same society where Abhi (her sister) was living in Gurgaon sector-71 for 20000/- per month. We have moved from Dwarka to Gurgaon on 1st of March 2015.

She have took everything belongs her including jewelries, cloths (mine and her), We have took some additional things from my mother like gas cylinder, curtains, crockeries, utensils, rack, tables, Almirah etc. On same evening I took her to supermarket and bought all the stuff she would need like gas stove, few more kitchen utensils, ration etc. regardless to say that I have paid all the expenses (credit card).

On 2nd March. I have spoken to her and asked why she has put that much pressure on me and aborted the baby, which she did not reply. I told her it made a deep impact in my mind and soul, I won’t be able to forget it quickly and what is the guarantee that she will not do it again. All the questions I have asked were answered by silence. I told her this is her last chance to accept her mistakes and promise that it will never happen again, but she didn’t gave me any answer.

On 3rd March at 8:30 am I left to Dwarka to park my car and collect remaining stuff, I was flying back to Oman on work. She called me when I was walking to aircraft and was abusing me for why I went to Dwarka. The aircraft doors were about to close and Oman air staff was requesting me to put down the phone, but Ali was saying that if I put down the floor she would jump from 9th floor of her office. I was helpless again, but I made her understand that I am about to fly. Then she allowed me to put down the phone.

When I reached to Oman, I was talking her only once or twice a day and not for long, her acts and behavior were making me mentally sick, I was still on medication that time and was taking the pills for depression. Very strange to see that she had no changes in her behavior, she was still abusing me without any reason, threatening me for suicide etc. She had no regret on her acts instead she was partying almost each day with friends and her sister (Abhi). Then I was almost decided to separate from her.
She asked me to buy TV, refrigerator and cooler apart from what I have already provided her. I bought everything whatever she wanted online. I have spoken very less with her compare to before January. 

I came back to Delhi on 27th April 2015 and to Dwarka, I really wanted a couple days rest and peace before meeting her, so I went to Dwarka and did not told her about it, but somehow she found that and started abusing and threatening that I should not try to meet her.

On 30th April, she asked me that she needs 10000 rupees, which I have given her. She asked for another 2 lacs in a week’s time on if I want to be safe from any forged criminal case against my family or me. But I refused her to pay that much, I have sent sms and whatsapp to most of her family members, but no one had replied. 

On 1st may 2015, I went to see her but her cellphone numbers were switched off, I called her on office number where I came to know that she was on leave. I went to Gurgaon accommodation, which was closed, and security has told me that she is not at home since last evening. After inquiring more guard has told me that she often comes late nights when her office gets over at 7:00pm. And many days she doesn’t even come back. I was really worrying for her, called her many times but as soon as I call she switches off her phone. I sent her couple messages but no reply.  From 1st to 3rd May we spoke may be a couple times then she told me that she is at Jaipur.

It was such a critical situation when she’s not picking phone, not her family members. Even they were not replying on my sms and whatsapp messages. They have blocked me from whatsapp too.

On 4th May I told her that I want to live with you and coming to Gurgaon but she said she got some kind of fear staying with me, I asked how it possible for a person to be afraid from a person who is away since two months and she has sent me an email that she loves me a couple weeks ago. But instead listening or understanding facts she started abusing again.

On 5th May. I have decided to go to her and bring my cloths at least; I called her from the front of her office and asked her for keys. She has given it, I requested her to have a healthy discussion at Haldiram restaurant. Where I asked her to apologize on her mistakes and restart relationship with trust. I left her to decide and went to my sister’s place at Jhajjar. 

We had very little talk on 6th May, over the phone. I have returned to Dwarka on same day.

On 7th Morning when I called her, she asked me to pay her wifi and telephone bill of 2975 rupees, and I paid it online same day (have text messages). 

She did not call me on 8th and when I tried to call she was not picking up, I went to Gurgaon around 8:00pm. She was not picking up phone so while entering on the road to her apartments I texted her that I am on your gate, she replied me that If I will try to come in she will go somewhere without telling anybody. I had no other option but to return back to Dwarka. 

On 9th May, it was the same thing she was not picking up my calls. When I texted her that we should talk and sort the things, she told me again that she is scared of me and she wants to meet me in front of a marriage counselor .I did not understand when she is scared why she asks me to pay her bills and to give her money time to time.

On 10th May I went to above said marriage counselor, at around 17:00. I came to know that she is running a domestic violence cell there, anyways Ali has came by her own. We had individual sessions with Dr. Nisha Khanna till late. She advised Ali to go for Psychometric test, which she refused. We have started from there around 10:00pm and I dropped Ali back to her apartment. She wasn’t afraid then and I don’t know why.

On 11th May, I went to meet her, I picked her from her office at 7:00pm then we went to a café at Gurgaon. I wanted her to realize her mistakes and being sorry for that, but instead she asked me that I have asked her to pay 25 lacs as dowry and she said that she wants to move to a PG accommodation like before marriage. I was so upset and said there is no use to talk, we shouldn’t be sitting on a discussion. Then I dropped her back at around 10:00pm. She invited me to come inside, so I went and had a coffee with her. I left Gurgaon at around 11:00pm.

On 12th May I asked her on phone if we want to see our relation going forward then she has to stop misusing my emotions. I have stated that I will pay the rent of accommodation, electricity and any household bills but she has to manage her own personal expenses. She was freaked out on that and started shouting on me that I have to pay her cash each month.  I refused it.

On 14th evening she called me for 20000 rupees and I have told her this is the last time I paid you cash, please don’t ask me more till our relation gets to normal. She turned off her phone. I have texted about this to her family members.

On 15th her eldest sister messaged me in very bad manner and language, later that in evening I received a threatening call from her sister’s husband, from an international number, which seems generated by Internet call. 

On 16th May I have messaged her to get her degree attested by ministry of foreign affairs, as it is required for immigration process. I was trying to migrate and work in Europe so we both can work and live together. But she refused to get her degree attested.

Same day I went to marriage counselor and get my Psychometric test done as she has called her for 2nd session of counseling and Psychometric test, I asked Ali if she wants to come on sms but she did not answered back.

On 18th May I asked her that whether is getting warm and If she has any plans to stay longer in apartment then I will send an AC unit, but she asked me to come on weekend and take all household things what I have provided her , because she is moving to a PG accommodation. I requested her that if this is her final decision then she has to notify me about where she is living and contact information of owner of PG. But she refused to provide me anything. I have e-mailed to her and her father that what they want if they want reconciliation or mutual divorce, but they did not answered me any thing, I have sent many reminders but everything is still unanswered. ( will be attached to next mail).

On 22nd May, I have called her in the evening that if her plans are still intact to moving to PG and I supposed to come on 23rd to move household things, I called her many times but she did not pick up, then her phone went switched off mode. I had to depart on work very soon, so I was in need to know her plan, I called her father thrice but no answer too, at around 23:30 she texted me that she is not in at Gurgaon. ( Now I received a notice from women cell that she was filing IPC acts on 22nd).

On 23rd May, I went to her accommodation and found that she’s not there, when I called her on phone, she said that she’s on outing with friends and wont be available till Monday. Same day I have sent an email to her and her father about what I was facing, after that I have sent them 6 reminders but nothing has replied back to me so far.

On 25th May I have flown back to work. I have no idea whether she has shifted to PG or not. I have mailed to owner of the apartment about everything.

I have called her a couple times after from Oman, but she did not pick up my calls.

On 6th June The owner of Gurgaon rental apartment had called and mailed me about she have talked to him about vacating apartment, but when his person went there. She was neither there nor picking up his phone. (Please check next mails). I called her two times but she did not pick up the phone.

On 14th June, Owner of Gurgaon flat has informed me that she has vacated apartment with all belongings.

I came back to India on 5th June, she wanted to know if I am there or not so she was sending me false friend requests on Facebook and tracking my activities on linkedin profiles.

On 8th morning I have received a notice from Jaipur police station that she charged me and my family on 498a,406,313,504 IPC.
Asked 1 year ago in Family Law from New Delhi, Delhi
Religion: Hindu
1) once notice has been issued from police station you and your family members have to attend local police station and have your statement recorded 

2) you have to deny all allegations made in police complaint filed b your wife 

3) contact a local lawyer and obtain anticipatory bail from sessions court 

4)contest case on merits before trial court 

5) lastly when you raise a query be brief and to the point 
Ajay Sethi
Advocate, Mumbai
21900 Answers
1144 Consultations
5.0 on 5.0
Since you have notice from Jaipur P.S. you can now rest assured as the expected things has already happened and now you can take necessary action.
Engage an advocate and take anticipatory bail from the high court. Taking of AB should not be any difficulty. Once bail is granted you need not think much as trail will take after sometime and you need not appear in court on every date soon.
After 498A case I do not think the continuance of marriage is a bright option anymore and hence you should think of dissolution of marriage . First propose for mutual divorce so both of you can be spared of lengthy court battle. if she is agreeable then well and good and if not then file contested divorce suit.
Devajyoti Barman
Advocate, Kolkata
4633 Answers
48 Consultations
4.9 on 5.0
Too lengthy to read, you may cut short the story so that your question is properly addressed.
T Kalaiselvan
Advocate, Vellore
12888 Answers
120 Consultations
5.0 on 5.0
1. The message was loud and clear from the beginning-she is not attuned to be in a marital relationship and is going to treat you as a tool for her monetary enrichment. You missed reading the writing on the wall, which compounded your misery. 

2. You have all the proof to show that you did not demand dowry. Since the case has been filed against you and your family it is imperative that you immediately apply for pre-arrest bail lest you are arrested and put behind bars. 

3. Engage a lawyer immediately and initiate the process. Delay may result in your arrest. 
Ashish Davessar
Advocate, Jaipur
17539 Answers
429 Consultations
5.0 on 5.0
1) it is necessary to peruse allegations made in complaint to advice whether case under section 498A is made out or not 

2) once compliant is lodged police will have to conduct investigations whether prima facile case is made out or not 

3) it is necessary that pursuant to notice issued by  police you have your statement recorded 

4) obtain anticipatory bail from sessions court 
Ajay Sethi
Advocate, Mumbai
21900 Answers
1144 Consultations
5.0 on 5.0
1) you can search Kaanoon data base for lawyers in Jaipur 

2) 80 per cent of 498a cases are false and end in acquittal 

3) once your wife realises that you won't bow down to extortion she will come forward for reasonable settlement 
Ajay Sethi
Advocate, Mumbai
21900 Answers
1144 Consultations
5.0 on 5.0
1) it appears that your wife has convinced the local police station officers that she is a victim of cruelty inflicted by husband and his family members 

2) in your statement you must mention that you want your wife to stay with you provided she withdraws false and bogus complaint lodged against you 

3) that you are willing to maintain your wife financially but cannot bow down to extortion tactics 

4) hence you are not willing to pay any money under coercion
Ajay Sethi
Advocate, Mumbai
21900 Answers
1144 Consultations
5.0 on 5.0
1. It is wrong to say that a prosecution for 498A cannot be launched if the couple is not living together. Everything which pops out on a google search is not correct. 

2. A women cell is nothing but a police station. It is equally wrong to state that under 41A an arrest cannot be made. Do not rely on the bare text of law. In the absence of bail you and your family members can be arrested at anytime. 
Ashish Davessar
Advocate, Jaipur
17539 Answers
429 Consultations
5.0 on 5.0
1. You have the option to enter your defence and rebut the case filed against you. The court will give you a fair hearing in accordance with the law to establish the falsity of her case. Once you are exonerated by the court you can prosecute her for filing false charges against you. 

2. Pay your lawyer and not police. 
Ashish Davessar
Advocate, Jaipur
17539 Answers
429 Consultations
5.0 on 5.0
1. At this stage you must immediately apply for bail as in case of inter state criminal prosecutions you never know when the police from Jaipur will arrive at your doorstep to arrest you. 

2. You have the right to refuse mutual divorce which she will not agree to unless you agree to cough off crores as alimony. 
Ashish Davessar
Advocate, Jaipur
17539 Answers
429 Consultations
5.0 on 5.0
As per the description and series of events given above you have enough of evidence to prove your innocence towards the harassment,mental and financial by your wife and her family. Also as you have a video recording 313 will not stand in her favor. However it is suggested not to disclose the video recording to the police. It is suggested to consult a local lawyer in delhi with the set of documents you have , who can further connect you to a lawyer in Jaipur. 
Atulay Nehra
Advocate, Noida
370 Answers
12 Consultations
4.7 on 5.0
1. Your acts appears to be highly disproportionate to the tantrums thrown by her like you such a  long letter disproportionately to the query,

2. You should have put your foot long back against her unreasonable demands for continuing matrimonial relationship with her,

3. However, 498A has lost its teeth after latest Supreme court Direction upon police not to make any arrest with out conducting an investigation,

4. You shall have to avail AB against the said FIR and contest the case fittingly,

5. You already have evidence that they forced you in giving consent for the abortion and if you have all the SMSs in support of your defence, then you can very well contest the charge u/s 313 of I.P.C.,

6. However, you can now file a Divorce Petition on the ground of mental cruelty.

Krishna Kishore Ganguly
Advocate, Kolkata
11423 Answers
210 Consultations
5.0 on 5.0
1. Any body can lodge any complaint to the police alleging anything which can not be stopped,

2. The accused shall have to contest the case and the charges mentioned therein fittingly,

3. The wife can very well state that the husband had come to her residence when no body was present and had bitten her brutally claiming dowry ans in that case the said act attracts section 498A of IPC even if both did not normally stayed together at that time,

4.  Yes, you will not be arrested since the notice is under 41A(1)CRPC if you co-operate with the investigation and comply with the terms of the said notice keeping in mind that you may be arrested under court order of you fail to meet the police as asked for in the said Notice.
Krishna Kishore Ganguly
Advocate, Kolkata
11423 Answers
210 Consultations
5.0 on 5.0
1.They had planned their steps meticulously and tried to fix you,

2. It appears that she does not want to continue the relationship with you for which such a purposeless and vindictive FIR has been lodged,

3. First you concentrate on taking steps to  save yourself from their attack,

4. After saving yourself, you can thing about action to be taken against thenm for lodging false complaint,

5. Her statement that she wants to stay with you is as per standard operating procedure followed by Advocates to drive home their argument that the lady is innocent and loving wife who still want to stay with her husband who is torturing her,

6. File a divorce Case as advised in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
11423 Answers
210 Consultations
5.0 on 5.0
1. File a divorce suit against her on the ground of cruelty as advised in my earlier post,

2. After the 498A case filed against you gets didmissed, file a case against her for filing false police complaint against her.
Krishna Kishore Ganguly
Advocate, Kolkata
11423 Answers
210 Consultations
5.0 on 5.0
Appliying for AB is a good idea - although police can noy arrest you as investigation is pending . Also other then the video CD of the abortion of the child - you should present all of your matters to the police . Do not give any original document to the police and if in case you have to then take a receipt on the copy of the original . As you are already in touch with a counsel - go ahead and follow as supported . Best of Luck - God Bless You . 
Atulay Nehra
Advocate, Noida
370 Answers
12 Consultations
4.7 on 5.0
1)with the recent Supreme court judgement chances of your application for AB being rejected  in 498A cases are remote 

2) SC has held that police cannot arrest accused in such cases “automatically” and it must give reasons for taking such steps which would be judicially examined.

3)  SC has directed all the state governments to instruct its police officers not to automatically arrest when a case under Section 498-A of the IPC (dowry harassment) is registered but to satisfy themselves about the necessity for arrest under the parameters laid down flowing from Section 41 CrPC,” a bench headed by Justice C K Prasad said
Ajay Sethi
Advocate, Mumbai
21900 Answers
1144 Consultations
5.0 on 5.0



(@SPECIAL LEAVE PETITION (CRL.) No.9127 of 2013)

ARNESH KUMAR                                      ….. APPELLANT




Chandramauli Kr. Prasad

The petitioner apprehends his arrest in a case

under Section 498-A of the Indian Penal Code, 1860

(hereinafter called as IPC) and Section 4 of the

Dowry Prohibition Act, 1961.  The maximum sentence

provided under Section 498-A IPC is imprisonment

for a term which may extend to three years and

fine whereas the maximum sentence provided under

Page 1


Section 4 of the Dowry Prohibition Act is two

years and with fine.

Petitioner   happens   to   be   the   husband   of

respondent no.2 Sweta Kiran.  The marriage between

them was solemnized on 1   July, 2007. His attempt

to secure anticipatory bail has failed and hence

he has knocked the door of this Court by way of

this Special Leave Petition.

Leave granted.

In sum and substance, allegation levelled by

the wife against the appellant is that demand of

Rupees eight lacs, a maruti car, an          air-

conditioner, television set etc. was made by her

mother-in-law and father-in-law and when this fact

was   brought   to   the   appellant’s   notice,   he

supported   his   mother   and   threatened   to   marry

another woman.  It has been alleged that she was

Page 2


driven out of the matrimonial home due to non-

fulfilment of the demand of dowry.

Denying   these   allegations,   the   appellant

preferred an application for anticipatory bail

which was earlier rejected by the learned Sessions

Judge and thereafter by the High Court.

There is phenomenal increase in matrimonial

disputes in recent years.   The institution of

marriage   is   greatly   revered   in   this   country.

Section 498-A of the IPC was introduced with

avowed object to combat the menace of harassment

to a woman at the hands of her husband and his

relatives.   The fact that Section 498-A is a

cognizable and non-bailable offence has lent it a

dubious place of pride amongst the provisions that

are   used   as   weapons   rather   than   shield   by

disgruntled wives.  The simplest way to harass is

to get the husband and his relatives arrested

under this provision.  In a quite number of cases,

Page 3


bed-ridden grand-fathers and grand-mothers of the

husbands, their sisters living abroad for decades

are arrested.  “Crime in India 2012  Statistics”

published   by   National   Crime   Records   Bureau,

Ministry of Home Affairs shows arrest of 1,97,762

persons all over India during the year 2012 for

offence under Section 498-A of the IPC, 9.4% more

than the year 2011.  Nearly a quarter of those

arrested under this provision in 2012 were women

i.e. 47,951 which depicts that mothers and sisters

of the husbands were liberally included in their

arrest net.   Its share is 6% out of the total

persons arrested under the crimes committed under

Indian Penal Code.  It accounts for 4.5% of total

crimes committed under different sections of penal

code, more than any other crimes excepting theft

and hurt.  The rate of charge-sheeting in cases

under Section 498A, IPC is as high as 93.6%, while

the conviction rate is only 15%, which is lowest

across all heads.  As many as 3,72,706 cases are

Page 4


pending trial of which on current estimate, nearly

3,17,000 are likely to result in acquittal.

Arrest brings humiliation, curtails freedom

and cast scars forever.  Law makers know it so

also the police.  There is a battle between the

law makers and the police and it seems that police

has not learnt its lesson; the lesson implicit and

embodied in the Cr.PC.  It has not come out of its

colonial   image   despite   six   decades   of

independence, it is largely considered as a tool

of   harassment,   oppression   and   surely   not

considered a friend of public.   The need for

caution in exercising the drastic power of arrest

has been emphasized time and again by Courts but

has not yielded desired result. Power to arrest

greatly contributes to its arrogance so also the

failure of the Magistracy to check it.  Not only

this, the power of arrest is one of the lucrative

sources of police corruption.   The attitude to

arrest first and then proceed with the rest is

Page 5


despicable.  It has become a handy tool to the

police officers who lack sensitivity or act with

oblique motive.

Law Commissions, Police Commissions and this

Court in a large number of judgments emphasized

the need to maintain a balance between individual

liberty and societal order while exercising the

power of arrest.  Police officers make arrest as

they believe that they possess the power to do so.

As the arrest curtails freedom, brings humiliation

and casts scars forever, we feel differently.  We

believe   that   no   arrest   should   be   made   only

because the offence is non-bailable and cognizable

and therefore,  lawful for the police officers to

do so.  The existence of the power to arrest is

one thing, the justification for the exercise of

it is quite another. Apart from power to arrest,

the police officers must be able to justify the

reasons thereof.   No arrest can be made in a

routine manner on a mere allegation of commission

of an offence made against a person.  It would be

Page 6


prudent and wise for a police officer that no

arrest is made without a reasonable satisfaction

reached   after   some   investigation   as   to   the

genuineness of the allegation. Despite this legal

position,   the   Legislature   did   not   find   any

improvement.                Numbers   of   arrest   have   not

decreased.   Ultimately, the Parliament had to

intervene and on the recommendation of the 177th

Report of the Law Commission submitted in the year

2001, Section 41 of the Code of Criminal Procedure

(for short ‘Cr.PC), in the present form came to be

enacted.  It is interesting to note that such a

recommendation was made by the Law Commission in

its 152nd  and 154th  Report submitted as back in the
year 1994.   The value of the proportionality

permeates the amendment relating to arrest.  As

the offence with which we are concerned in the

present appeal, provides for a maximum punishment

of imprisonment which may extend to seven years

and   fine,   Section   41(1)(b),   Cr.PC   which   is

relevant for the purpose reads as follows:

Page 7


“ 41.   When   police   may   arrest   without
warrant    .-(1) Any police officer may without
an order from a Magistrate and without a
warrant, arrest any person –

(a)  x            x             x            x              x       x

(b)  against whom a reasonable complaint
has been made, or credible information
has   been   received,   or   a   reasonable
suspicion exists that he has committed a
cognizable   offence   punishable   with
imprisonment for a term which may be less
than seven years or which may extend to
seven years whether with or without fine,
if   the   following   conditions   are
satisfied, namely :-

(i) x x x x x

(ii) the police officer is satisfied
that such arrest is necessary –

(a) to   prevent   such   person   from
committing any further offence; or

(b) for  proper   investigation  of   the
offence; or

(c) to prevent such person from causing
the  evidence  of  the  offence  to
disappear or tampering with such
evidence in any manner; or

(d) to prevent such person from making
any inducement, threat or promise
to any person acquainted with the
facts of the case so as to dissuade
him from disclosing such facts to
the Court or to the police officer;

(e) as unless such person is arrested,
his presence in the Court whenever
required cannot be ensured,

Page 8


and the police officer shall record while
making such arrest, his reasons in writing:

Provided that a police officer shall, in
all cases where the arrest of a person is
not required under the provisions of this
sub-section, record the reasons in writing
for not making the arrest.

X         x               x            x              x             x

From a plain reading of the aforesaid provision,

it is evident that a person accused of offence

punishable with imprisonment for a term which

may be less than seven years or which may extend

to seven years with or without fine, cannot be

arrested by the police officer only on its

satisfaction that such person had committed the

offence punishable as aforesaid.  Police officer

before arrest, in such cases has to be further

satisfied   that   such   arrest   is   necessary   to

prevent such person from committing any further

offence; or for proper investigation of the

case; or to prevent the accused from causing the

Page 9


evidence   of   the   offence   to   disappear;   or

tampering with such evidence in any manner; or

to   prevent   such   person   from   making   any

inducement, threat or promise to a witness so as

to dissuade him from disclosing such facts to

the Court or the police officer; or unless such

accused person is arrested, his presence in the

court   whenever   required   cannot   be   ensured.

These are the conclusions, which one may reach

based on facts.  Law mandates the police officer

to state the facts and record the reasons in

writing which led him to come to a conclusion

covered by any of the provisions aforesaid,

while making such arrest.  Law further requires

the police officers to record the reasons in

writing for not making the arrest.  In pith and

core, the police office before arrest must put a

question to himself, why arrest?  Is it really

required?   What purpose it will serve?   What

object it will achieve?  It is only after these

questions are addressed and one or the other

Page 10


conditions as enumerated above is satisfied, the

power of arrest needs to be exercised.  In fine,

before arrest first the police officers should

have   reason   to   believe   on   the   basis   of

information and material that the accused has

committed the offence.   Apart from this, the

police officer has to be satisfied further that

the arrest is necessary for one or the more

purposes envisaged by sub-clauses (a) to (e) of

clause (1) of Section 41 of Cr.PC.

An accused arrested without warrant by

the police has the constitutional right under

Article 22(2) of the Constitution of India and

Section 57, Cr.PC to be produced before the

Magistrate without unnecessary delay and in no

circumstances beyond 24 hours excluding the time

necessary for the journey.  During the course of

investigation of a case, an accused can be kept

in detention beyond a period of 24 hours only

when it is authorised by the Magistrate in

Page 11


exercise of power under Section 167 Cr.PC.  The

power to authorise detention is a very solemn

function.  It affects the liberty and freedom of

citizens and needs to be exercised with great

care and caution. Our experience tells us that

it is not exercised with the seriousness it

deserves. In many of the cases, detention is

authorised in a routine, casual and cavalier

manner.             Before   a   Magistrate   authorises

detention under Section 167, Cr.PC, he has to be

first satisfied that the arrest made is legal

and   in   accordance   with   law   and   all   the

constitutional rights of the person arrested is

satisfied.  If the arrest effected by the police

officer does not satisfy the requirements of

Section 41 of the Code, Magistrate is duty bound

not   to   authorise   his   further   detention   and

release the accused.  In other words, when an

accused is produced before the Magistrate,  the

police officer effecting the arrest is required

to furnish to the Magistrate, the facts, reasons

Page 12


and   its   conclusions   for   arrest   and   the

Magistrate in turn is to be satisfied that

condition precedent for arrest under Section 41

Cr.PC   has   been   satisfied   and   it   is   only

thereafter that he will authorise the detention

of   an   accused.                    The   Magistrate   before

authorising   detention   will   record   its   own

satisfaction, may be in brief but   the said

satisfaction must reflect from its order.  It

shall never be based upon the ipse dixit of the

police officer, for example, in case the police

officer   considers   the   arrest   necessary   to

prevent such person from committing any further

offence or for proper investigation of the case

or for preventing an accused from tampering with

evidence or making inducement etc., the police

officer shall furnish to the Magistrate the

facts, the reasons and materials on the basis of

which   the   police   officer   had   reached   its

conclusion.   Those shall be perused by the

Magistrate while authorising the detention and

Page 13


only after recording its satisfaction in writing

that the Magistrate will authorise the detention

of the accused.   In fine, when a suspect is

arrested and produced before a Magistrate for

authorising detention, the Magistrate has to

address the question whether specific reasons

have been recorded for arrest and if so, prima

facie those reasons are relevant and secondly a

reasonable conclusion could at all be reached by

the   police   officer   that   one   or   the   other

conditions stated above are attracted.  To this

limited extent the Magistrate will make judicial


Another provision i.e. Section 41A Cr.PC

aimed to avoid unnecessary arrest or threat of

arrest looming large on accused requires to be

vitalised.   Section 41A as inserted by Section

6 of the Code of Criminal Procedure (Amendment)

Act, 2008(Act 5 of 2009), which is relevant in

the context reads as follows:

Page 14


“41A. Notice of appearance before
police   officer.-(1)   The   police
officer shall, in all cases where
the   arrest   of   a   person   is   not
required   under   the   provisions   of
sub-section (1) of Section 41, issue
a   notice   directing   the   person
against whom a reasonable complaint
has   been   made,   or   credible
information has been received, or a
reasonable suspicion exists that he
has committed a cognizable offence,
to appear before him or at such
other place as may be specified in
the notice.

(2) Where such a notice is issued to
any person, it shall be the duty of
that person to comply with the terms
of the notice.

(3) Where such person complies and
continues to comply with the notice,
he shall not be arrested in respect
of the offence referred to in the
notice unless, for reasons to be
recorded, the police officer is of
the opinion that he ought to be

(4) Where such person, at any time,
fails to comply with the terms of
the   notice   or   is   unwilling   to
identify himself, the police officer
may, subject to such orders as may
have   been   passed   by   a   competent
Court in this behalf, arrest him for
the   offence   mentioned   in   the

Page 15


Aforesaid provision makes it clear that

in all cases where the arrest of a person is not

required under Section 41(1), Cr.PC, the police

officer is required to issue notice directing

the accused to appear before him at a specified

place and time.  Law obliges such an accused to

appear before the police officer and it further

mandates that if such an accused complies with

the terms of notice he shall not be arrested,

unless for reasons to be recorded, the police

office is of the opinion that the arrest is

necessary.  At this stage also, the condition

precedent for arrest as envisaged under Section

41 Cr.PC has to be complied and shall be subject

to   the   same   scrutiny   by   the   Magistrate   as


We   are   of   the   opinion   that   if   the

provisions of Section 41, Cr.PC which authorises

the police officer to arrest an accused without

an order from a Magistrate and without a warrant

Page 16


are scrupulously enforced, the wrong committed

by   the   police   officers   intentionally   or

unwittingly would be reversed and the number of

cases which come to the Court for grant of

anticipatory bail will substantially reduce.  We

would like to emphasise that the practice of

mechanically reproducing in the case diary all

or most of the reasons contained in Section 41

Cr.PC for effecting arrest be discouraged and


Our endeavour in this judgment is to ensure

that   police   officers   do   not   arrest   accused

unnecessarily and Magistrate do not authorise

detention casually and mechanically.  In order

to ensure what we have observed above, we give

the following direction:

(1) All the State Governments to instruct its

police officers not to automatically arrest

when a case under Section 498-A of the IPC

is registered but to satisfy themselves

about the necessity for arrest under the

Page 17


parameters laid down above flowing from

Section 41, Cr.PC;

(2) All police officers be provided with a

check list containing specified sub-clauses

under Section 41(1)(b)(ii);

(3) The police officer shall forward the check

list duly filed and furnish the reasons and

materials which necessitated the arrest,

while   forwarding/producing   the   accused

before   the   Magistrate   for   further


(4) The Magistrate while authorising detention

of the accused shall peruse the report

furnished by the police officer in terms

aforesaid   and   only   after   recording   its

satisfaction, the Magistrate will authorise


(5) The decision not to arrest an accused, be

forwarded   to   the   Magistrate   within   two

weeks from the date of the institution of

Page 18


the case with a copy to the Magistrate

which may be extended by the Superintendent

of police of the district for the reasons

to be recorded in writing;

(6) Notice of appearance in terms of Section

41A of Cr.PC be served on the accused

within   two   weeks   from   the   date   of

institution   of   the   case,   which   may   be

extended by the Superintendent of Police of

the District for the reasons to be recorded

in writing;

(7) Failure   to   comply   with   the   directions

aforesaid shall apart from rendering the

police   officers   concerned   liable   for

departmental action, they shall also be

liable to be punished for contempt of court

to be instituted before High Court having

territorial jurisdiction.

(8) Authorising   detention   without   recording

reasons   as   aforesaid   by   the   judicial

Page 19


Magistrate concerned shall be liable for

departmental action by the appropriate High


We hasten to add that the directions

aforesaid shall not only apply to the cases

under Section 498-A of the I.P.C. or Section 4

of the Dowry Prohibition Act, the case in

hand, but also such cases where offence is

punishable with imprisonment for a term which

may be less than seven years or which may

extend to seven years; whether with or without


We direct that a copy of this judgment be

forwarded to the Chief Secretaries as also the

Director Generals of Police of all the State

Governments and the Union Territories and the

Registrar General of all the High Courts for

onward   transmission   and   ensuring   its


Page 20


By order dated 31  of October, 2013, this

Court had granted provisional bail to the

appellant on certain conditions. We make this

order absolute.

In the result, we allow this appeal,

making our aforesaid order dated 31  October,

2013 absolute; with the directions aforesaid.





July 2, 2014.

Ajay Sethi
Advocate, Mumbai
21900 Answers
1144 Consultations
5.0 on 5.0
1. "Getting bail is the rule and jail is exception". This has been viewed by our apex court,

2. So, you are likely to get AB,

3. However, make all arrangements for taking further steps in case your bail application is refused.
Krishna Kishore Ganguly
Advocate, Kolkata
11423 Answers
210 Consultations
5.0 on 5.0
1. Once the court grants you bail her high ranking acquaintances in police will not be able to lay their hands on you. Indian judiciary is the most independent judiciary in the world, so rest assured you will get a fair hearing.

2. Whether AB will be granted or denied is impossible to answer. Unless it is granted you should stay away from appearing.
Ashish Davessar
Advocate, Jaipur
17539 Answers
429 Consultations
5.0 on 5.0
1) you can inform the police that it will not be possible to come to police station to record your statement at 11am but you will definitely come at around 4 pm on said date 

2) you can rely upon documentary evidence in your possession to prove that allegations made are figment of wife imagination 

3)you have taken good care of your wife during your married life 

4) you need not worry . even if you go to police on said date without AB you wont be arrested . your statement would be recorded and police will carry out investigations 
Ajay Sethi
Advocate, Mumbai
21900 Answers
1144 Consultations
5.0 on 5.0
1. The police may launch your search if you do not appear before it. However, if you appear before it without the protection of AB you may be arrested. It is in your interest to delay appearing until the time you are secure through AB.

2. All the proof of your innocence which you have in your possession can be shown to police and court.

3. The amount spent by you on her does go on to show that you had no reason to demand dowry,

4. The pictures of her wearing the jewellery bought by you will go a long way to rebut her case in the court.

5. In spite of the above proof in your possession you must note that police is at liberty to arrest an individual after the case has been lodged against him. In the event you are arrested you will have to seek post-arrest bail which you may not succeed to obtain for a few days or months. Furthermore, your arrest will most likely result in your termination from the job. 
Ashish Davessar
Advocate, Jaipur
17539 Answers
429 Consultations
5.0 on 5.0
1. You need not be afraid for appearing before the police for the irrefuatable evidence you have to negate the charges levelled against you but you certainly be afraid of appearing before the police for the sole fact that they might be aware that you are drawing a hefty sum of Rs.4.5 lakhs per month and you are an easy pray for extortion of money. They may pretend that they will arrest you ( or may arrest you also on some filmsy ground) and demand some amount for let you return home,

2. So, ask your lawyer to send the police a latter on his letter head informing them that you are sick and will be meeting them agter 2 days. Collect a medical certificate for your sickness advising you bed rest from a doctor working with a govt. hospital,

3. After availing AB, you can meet the police and produce them the photocopies of all the documents ( and also some thing else if asked by them) so that they can submit investigation report in your favour.

4. After the IO submits the report or charge sheet, you can file a quash petition before the High Court with all your stated arguments and evidence.
Krishna Kishore Ganguly
Advocate, Kolkata
11423 Answers
210 Consultations
5.0 on 5.0
1) you are not at risk when you appear before local police station for recording your statement particularly sow hen you have done no wrong 

2) you have already engaged a lawyer go by his advice . 

3) since your lawyer is also coming with you to police station you will have enough moral support too 

4) your lawyer can   make en quires as to whether FIR has been submitted to court 
Ajay Sethi
Advocate, Mumbai
21900 Answers
1144 Consultations
5.0 on 5.0
1. How corrupt the Indian police is, is known to everybody. The citizens of this country are the ones who make the police corrupt because they opt for shortcuts to escape the rigours of law. You have adopted the legal method of securing yourself by applying for bail, and very soon you will come to know whether it is granted or not. If the bail is given you are free. If it is refused you can escalate the process to the next logical legal recourse which is to move the High Court and finally Supreme Court.

2. It is impracticable to even think that making a video of police will vest you with some legal rights against the police. When police arrests an individual it does not remain under the carpet.

3. India is the only country among all the commonwealth countries where the law allows you to seek bail before arrest to escape arrest. You have exercised this right. There is nothing more you can ask for.

4. Do not pin your hopes on the status shown on the website as the same is not updated for months. Be that as it may, you are free to appear at thana. 
Ashish Davessar
Advocate, Jaipur
17539 Answers
429 Consultations
5.0 on 5.0
1) wait for decision tomorrow 

2) attend police station on 25 th instant with family members 

3) judge wants to consider FiR , defences raised by you before passing order on AB application 

4) you can explain the context in which abusive language was used as wife was making false allegations against you 
Ajay Sethi
Advocate, Mumbai
21900 Answers
1144 Consultations
5.0 on 5.0
1. Every cop gets disappointed when you apply for AB. 

2. You better believe your lawyer instead of the cop who told you nothing except a lie.

3. It is the unquestionable prerogative of the judge to either grant bail on the first day or anytime thereafter. There are cases where bail is given within flat 30 seconds, whereas in some cases it does not come until after a week or thereabout. 

4. The notice sent by IO which commands that you do not leave the country can be challenged in the court which can strike it down. However, until the time it is struck down by a court of law, it has to be obeyed as the command of law. 

5. If the bail is rejected you can move the HC the same day. Rather, be prepared to move the HC immediately.
Ashish Davessar
Advocate, Jaipur
17539 Answers
429 Consultations
5.0 on 5.0
1. Be pragmatic. 1980 was better than 2015 if morality and honesty of people are concerned. Police can manufacture any incidence and put any case against you. In one incidence in Kolkata, one police van bashed one car belonging to one of my neighbour who is an old  retired tea garden owner. He picked up fight with the police at this old age. He thought that he can not be touched since there is evidence that his car has been damaged. police arrested him and gave him charge of abating smuggling of heroine. He got bail and duischarged  finally since none of the charges leveled against him was proved. But the amount of harassment faced by him made him nonchalant about anything surrounding him. He has become a mental patient now,

2. So, work with your head, not with your heart. Apparently there is no risk for visiting Mahila Thana since the notice is u/s41(A) of Cr.P.C. as mentioned in my earlier post but go with your lawyer.

Krishna Kishore Ganguly
Advocate, Kolkata
11423 Answers
210 Consultations
5.0 on 5.0
1. AB is not granted on Notice issued by Police. It is granted against FIR filed against the accused. So, in your case AB is required,

2. This was a trap laid against you wherein you had fallen.  It will certainly go against you. Try to rationalise with adequate counter reasoning,

3. Keep all the evidence handy and take out transcripts of the same to produce before the Court,

4. Under what section she had issued the said notice? It may be a threat also to extort money. File a petition before the Court praying for leave to go to your place of employment to earn your living,

5. Yes, I also think that the abuses might have influenced the Judge heavily against you. The fact that you were trapped can not be a good reason since you are not expected to abuse your wife. Find out the counter of this since it is the only grey area in your case which you need to iron out.  
Krishna Kishore Ganguly
Advocate, Kolkata
11423 Answers
210 Consultations
5.0 on 5.0
1) you rightly refused to bow down to your wife black mail tactics .

2) no need to pay Rs 50 lakhs . 

3) police have to submit  report of the investigations made to court 

4) they need not arrest you 

5) court will release you on bail . contact a local lawyer 
Ajay Sethi
Advocate, Mumbai
21900 Answers
1144 Consultations
5.0 on 5.0
1. Whether police will arrest you or not depends on what charge sheet they are going to file. Try your level best to manage the police for a favourable charge sheet diluting your adverse comments against her,

2. Yes, it appears that police will arrest you on the previous day to produce before the Court. Negotiate with the police fir your surrendering before the Court when they will file the charge sheet so that you can get bail from the Court,

3. As already clarified above, your arrest will depend  on  what charge sheet police is going to file. If they say that you have not tortured your wife at all then you will not be required to be arrested,

4.Negotiate with police for better charge sheet and also if they suggest you to surrender, negotiate with the P.P. for not objecting to your prayer of bail after surrendering before the Court. 
Krishna Kishore Ganguly
Advocate, Kolkata
11423 Answers
210 Consultations
5.0 on 5.0
In the absence of anticipatory bail, the Police may have to make a formal remand on the basis of FIR, though it is not mandatory.   They can very well file the charge sheet before the court even without remanding you but ehy will undertake that risk.

You can apply for regular bail once the police has remanded you, the regular bail will be heard on the same day and may come out on the next itself. 

Whether judicial custody or police custody, the police if they have decided to remand they will certainly go ahead.  Until the police is filing the charge sheet, they may have control over you o that you do not abscond, however you will be on bail through the case till it gets disposed.

going to court or facing trial before court will be safe and secure way instead of languishing in the police custody in the name of investigation.
T Kalaiselvan
Advocate, Vellore
12888 Answers
120 Consultations
5.0 on 5.0
1. Police should not be believed. Your wife can file a criminal complaint case on her own against you in the court if police gives you a clean chit. Alternatively, the chargesheet can be challenged in the High Court. So this is not the end of the matter. 

2. Police is not obligated to arrest anybody, but it has the discretion to effect the arrest if it is deemed necessary. To preempt any such arrest you should move the HC where you stand a fair chance of getting bail as the lower courts do not ordinarily grant bail in such cases.

3. It is incorrect that there is no judicial custody in 498A. 

4. Go strictly by the advise of your lawyer.
Ashish Davessar
Advocate, Jaipur
17539 Answers
429 Consultations
5.0 on 5.0

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