• Bail under section 498A

My Brother In Law and Her wife has some tussles.
Brother in law`s wife has filed the case against the Brother in law , My Father & Mother in Law and my wife in under section 498 A. Since my mother & father in law has taken bail but due to pregnancy of 6 month my wife is not able to go to court.
Sir/ madam, it is necessary to her to go the court for the bail or her physical presence is not required for bail proceedings.
Asked 1 year ago in Family Law from Bhilai, Chhattisgarh
Religion: Hindu
 personal presence of your wife is necessary to obtain bail in 498A case 

Ajay Sethi
Advocate, Mumbai
23100 Answers
1212 Consultations
5.0 on 5.0
1) on basis of medical certificate court may grant exemption from personal appearance  to your wife  until further orders 

2) however for bail court insists on personal presence of the accused 
Ajay Sethi
Advocate, Mumbai
23100 Answers
1212 Consultations
5.0 on 5.0
1.File AB for your wife when she won't have to appear before the Court. She need not take surrender bail,

2. While praying for AB, mention about her pregnancy to establish that  she can not run away.
Krishna Kishore Ganguly
Advocate, Kolkata
12034 Answers
227 Consultations
5.0 on 5.0
1. She should have taken AB long back,

2. At least apply for her AB now with the said  medical certificate of her advanced pregnancy. 
Krishna Kishore Ganguly
Advocate, Kolkata
12034 Answers
227 Consultations
5.0 on 5.0
1. For taking anticipatory bail physical presence of a party is not required.
2. However at the time of regular bail her physical presence is necessary.
3, In this condition first take anticipatory bail which would give you ample time to surrender till submission of charge sheet.
Devajyoti Barman
Advocate, Kolkata
5137 Answers
54 Consultations
4.9 on 5.0
Dear Querist
For anticipatory bail petition there is no requirement of personal presence of the applicant/petitioner.

no need to worry, file anticipatory bail before session court or high court u/s 438 of Cr.P.C., she will get the same,

Feel Free to Call 
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
For getting enlarged on bail she has to be physically present.  There is no exemption to it.  However the police may be informed not to arrest in the event of they arrive at house with a warrant citing the delivery of baby as reason. 
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0
Hi sir/madam, you have to take anticipatory bail from the Session Court and after the get anticipatory bail you can seek  exemption before Magistrate court by filing an u/s 205 of Cr.Pc for personal appearance up to the delivery. After delivery to take regular bail and present the court.
C. V. Jadhav
Advocate, Bangalore
262 Answers
3 Consultations
3.8 on 5.0
1. To obtain bail it is not necessary to go to court. The lawyer alone has to appear in the court to argue in support of grant of bail.

2. Let your wife engage a lawyer who alone has to appear in the court.

Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23100 Answers
1212 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12034 Answers
227 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5137 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
424 Answers
15 Consultations
4.7 on 5.0
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2714 Answers
41 Consultations
4.9 on 5.0