• Section 498A

I am NRI got married on Dec 18th 2015 still in abroad I was with her hardly 10 days, she was in my home for about 2 months and left to her mom’s places showing some reason    (my old details https://www.kaanoon.com/19127/divorce-before-one-year) stay there for 5 months and came back to my place again and this time she stay for 15 days 
After 15days her brother and mom came to my Home and took their belongings and bed which they give on my wedding (bed contains a drawers where I have my person Cash of more than 1lake rupees) when my mom was (she is sick got operation just few months before) only present at my home  
As she left my home I have send her legal notice (as I am NRI I have given my father power of attorney) to come back to my home but they have not responded to my notice also I have file conjugal right section 13.
Now they went to police station to file section 498 A on me mentioning that me, my parents and my sister are harassing her and I am going back to India to attend the same case 
With one of police men unofficial they have informed my parents that I have to give them 8 lake rupees and also I should sign divorce to with draw the case  498 A 

My question  
Please advise me to get easy bail and suggest to get out of this case 
As they have taken bed which contains my person cash, can I file any case on it?
Asked 2 years ago in Family Law from Bahrain
Religion: Hindu
1. Since the complaint has been filed against you and your parents and also your sister all of you should without delay apply for pre-arrest bail to preempt your arrest by police. Remember that police is at liberty to arrest all or any of the accused after the complaint has been filed.

2. Getting bail is never a cakewalk as the grant of bail is the absolute discretion of the court but a competent lawyer can turn tables in the court.

3. You are free to file a complaint for theft against them.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

1) if your bed containing cash was taken by your in laws you should have filed police complaint against them immediately . 

2)if your wife wants divorce you can agree for divorce by mutual consent . 

3) if wife has filed 498 A FIR obtain anticipatory bail for your self and your parents 

4) filing of RCR is useless . you cannot even if you get a decree force your wife to stay with you

5) if your wife wants to remarry she will settle amicably with you . 

6) contested divorce cases take 5 years to be disposed of 
Ajay Sethi
Advocate, Mumbai
45712 Answers
2688 Consultations

5.0 on 5.0

A 498A case does not happen overnight, signs begin to occur much before the FIR is filed. If you are being threatened with a 498A better to apply for anticipatory bail. Get it for all members as mention in the quary. 

File a complaint against brother and mom for getting the personal cash which is kept in bed.If the police not take the case file the same before magistrate court as private complaint. 
Ajay N S
Advocate, Ernakulam
2769 Answers
47 Consultations

5.0 on 5.0

1. Well, you have nothing to worry. The allegations raised are all of typical nature making her case very weak. In other words you or your family members should face no difficulty in getting bail.
2. The cash you are mentioning appears to be unaccounted wealth. Hence you have no option to recover it.
3. I would suggest you to negotiate with them and agree on an amicable settlement so marriage maybe dissolved by mutual consent divorce.
Devajyoti Barman
Advocate, Kolkata
12884 Answers
166 Consultations

5.0 on 5.0

1. You do not have to come to India to attend the case or take the anticipatory bail,

2. ask your relatives in india to Apply for anticipatory bail which is likely to be granted. As per the latest Supreme Court direction, police will not make any arrest without conducting an investigation in connection with the 498A complaint,

3. Do not pay any amount to the police. Negotiate directly with your wife for mutual consent divorce after paying her some amount mutually agreed by both the parties,

4. If she is not willing for MCD, file a divorce suit on the ground of cruelty after completion of 1 year of marriage and get rid of the problem once for all.
Krishna Kishore Ganguly
Advocate, Kolkata
18535 Answers
449 Consultations

5.0 on 5.0

What was the reason for the dispute between you two?  The date of marriage mentioned in your question is irrelevant because ""got married on Dec 18th 2015 "" is yet to come. If she had taken away her things, in which yo had kept your personal cash, have you informed about this to her in your notice sent to her?, or whether have made a mention about this in the case you have filed in the court?  If you have not done this, then why?  Who do you think will believe your words now?, She will blindly refuse your contention.  She will become more aggressive to file many more such criminal complaints against you to cover up this issue.

My question  
Please advise me to get easy bail and suggest to get out of this case 
You have to file an application for AB before a sessions or high court in your state through a lawyer and then attend the inquiry session at police station if summoned for investigation.  At any cost do not give your passport to the police even if they insist you to hand it over to them. No body have any right to ask your passport, even the court cannot confiscate your passport for this reason, the may ask you to deposit the same with it but cannot insist on it.  That too this may happen during trial only and not during police investigation, because your wife side may play this gimmick pressurising police to collect your passport in order to not to allow you to travel back after investigation is over. One you are out on bail, the case can be challenged in the court during trial accordingly.  If she has given false complaint, she may not be able to prosecute in a genuine way and sometimes she may even not attend the court during trial for deposing evidence.

As they have taken bed which contains my person cash, can I file any case on it?
During police investigation you can make this claim while giving a statement.  Do not budge to any pressure by the police, they cannot force you to agree to any decision made unilaterally by her with the help of coercion by police.

T Kalaiselvan
Advocate, Vellore
35869 Answers
390 Consultations

5.0 on 5.0

Dear Querist
first of all apply for anticipatory bail before session court or high court u/s 438 of Cr.P.C. and later fight the case on merit with the help of lawyer if you are unable to fight yourself.

you may file a criminal case regarding theft against her and her other relatives who were there for take the belongings.

Feel free to Call
Nadeem Qureshi
Advocate, New Delhi
4867 Answers
222 Consultations

4.9 on 5.0

Make arrangement to get bail to all of the Accused persons name it FIR.

It may take 15 days to complete the procedure.

If you think that marriage is irrevocably broken down, withdraw the RCR petition and file Divorce Partition on the ground of crualty. (If the date of separation is more than one year. The date of marriage given by you is wrong)

This will serve multiple purpose.
1) If she want to reconcile with, she can urge you to withdraw the petion.

2) You both may arrive at amicable settltment in Mediation and convet the petiton in to Mutual Consent Divorce Pettion and get the decree of Divorce.

3) You may get ex paete divorce if she doesn't appear before ethe court after receiving

4) You can contest the matter on merit and get the decree of divorce on the ground of crualty.

Also you can file complaint of theft agist her and her family members who accompanied her on the day of she taking away the bed along with cash stasshed in it.

This will put pressure on her and on right time, you can turn the table and prevail.
Sandeep Hegde
Advocate, Bangalore
403 Answers
116 Consultations

4.8 on 5.0

Hi, as per latest Supreme Court judgement the police has to verify the genuineness of the complaint and after satisfying the genuineness they have to issue a notice to you and police can't arrest you immediately so  in the mean time you can apply for anticipatory bail.

2, As per my experience complaint registered under 498/a, the rate of conviction is very low so you can contest the case on merits.

3. You will get the bail don't worry contact local advocate and apply for anticipatory bail.
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

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