498a/DV- Suggestions for securing Anticipatory Bail in HC
False 498,DV case
1.Married in 2013, conflict situations starts arising. The girl involved her family members, on smallest of issue she would call them and instigate them against me. She would also tell her mom to call his uncle who is a 'goon'.
2.She couldnt tolerate my mom living with us, and used to chat for hours with her cousins/friends.
3.I caught her chat one day mentioning filthy remarks about me, saved a copy and confronted her father who ABUSED and THREATENED me of consequences if i did not accept to her daughter's domination.
4. My mother told me to forget whatever heppened and i even tried to but the attitude of my wife hadnt changed, infact it became worse.Now her parents and family were openly supporting her.
5.We stayed separately in one house but i was still hoping good when one fine day she comes and abuses me of my status and tells me she doesnt likes me anymore.I give up hope and tell her to do whatever she wants to.
6. Her Mom comes and takes her away after a stay of 8 months.
In two years, she never called up nor did i. Her relatives tried for reconciliation. My mother and relatives did presuurised me to call her back but i didnt as she never showed any repentance.
Two and a half YEARS PASS BY, GIRL/PARENTS SEEING NOTHING WORKING OUT THEY LODGE FIR U/S 498,DV ACT of beating her, they mention that my mother snatched away jewellary and kept in mother's bank locker, that they gave us 10 lac in cash and kind and that i demanded of 5 lac more after marriage.They spared my sister and brother in law.
What is against us for sure is that my father in law tricked my Mother after engagement (6 months before marriage) to get her account number, under pretext of transferring substantial amount of money, as marriage was in my hometown for which they(in laws) had to make arrangements.
It was also alleged that my wife before marriage (after engagement), who had come to my city of work (other than my home town) and infact resided here for two months had on my pressure got a substantial amount transfered to her account by her dad.While first part is true that she did stayed in my city, the allegations of me forcing her for money and keeping money is totally false.However, my lawyer did say that dowry allegations might become weak due to this stay of hers with me. (Not sure,why?)
ANTICIP BAIL HEARING IN SESSIONS COURT:
-My lawyer insisted that i had to say that i am willing to take her back else i would be in problem.(They assured me if i personally appear in case and willing to take her back, she would deny it and my bail would be certain)
-also my mom had made her witness for jewellary kept in bank(not snatched from her as she claimed), the certificate was presented.My mom was given AB earlier.
-Other allegations were denied by my lawyer.
-The girl denied living with me and said she hadnt thought for divorce as of now and said i torture her and beat her for money.She also made an allegation that i had said prior marriage i worked in X(bigger company) and after marriage found out to be working in Y (small firm). Dont know what she wants to highlight.
-On being asked to me whether i wanted to live with her, i just said a simple 'yes' though i wanted to speak about harrasment done to me but i was actually intimidated as my lawyer had told to not utter anything negative and that it may get against me. Also, seeing that the Judge had in fact scolded girl that why she didnt complained in the city where all this happened, why there is such a delay of 2.5 years and appearing to be false claims put in complain, i thought its better to keep it short and get AB.
-The Judge remarked that the case seems to be false and concocted, and there were no medical evidence either to support physical harm.But the allegations are serious so rejected AB.
Also, it was really fortunate (thanks to ammendment in 498a laws) that post AB order came after two days nobody ever called me. Only after 2-3 weeks IO called to come and take notice, i told him i would be there for HC hearing.
1 month later the petition is made before HC that i am interested in keeping my wife with dignity and from my wife's side that she may be willing although she is intimidated, the judge has called both of us to meet in Chambers and no coercive action be taken till then.
What stand i should be taking for sure grant of AB. Lawyer has warned against denying to live with her.
1.After my commitment to keep my wife, will it help for an immediate relief like help me obtain AB, which is major hurdle as of now ?
2.Lawyer says he hopes for a settlement after this stage.But assuming my in Laws are no innocent lambs and even i, not willing to surrender to extortion demand of theirs (though i want to return her belongings), how does keeping my wife help me as the problem might re surface at a later stage.
3.but what if she continues to live with my mom (i wont be living with her as i am travelling) and her nuissance is increased (chances are which will), can she again misuse law and get bail cancelled/or get some bigger evidence? or complain again that she is being mentally harrased by not staying with me? Can a contempt also come into picture and hence me becoming negative in eyes of law even before trial.
4.Against my lawyer's advice and that what has already been told in petition can i also say that my wife is a harraser, intimidates me, makes cheap remarks etc along with her family and that i dont want to stay with her till she also committs in front of authorities that she wont do that. Will this go against tactics and can get my AB rejected or should this be told as this is what the truth is.isnt it if i keep silent and just say that i want to be with her, judge will assume that i was harrasing her and that now i have been complained, i am afraid and taking her back ?
5.In case i am adament on not accepting her and bail rejected, will i be sent to custody till all jewellary etc (even the ones that is falsely alleged) is recovered. i want to fight the case on merit but came across lot of worst scenarios of not securing bail/interim relief and sent to custody for investigation and then keep runing when fighting the case itself becomes a fancy.
6.What is the best stand that can be taken now to secure AB which helps me avoid getting AB rejected (and hence custody), to tell truth and give a clear picture to Hon'ble Court without being sounding 'adamant husband' , to return genuine items (and not concede to exprbitant demands)
Kindly request Forum to help me as my hearing is hardly a week away and i am not in direct contact of my lawyer (My uncle is dealing with him), i am unable to ask him even basic questions.