Divorce and 498a
5 years ago
Hi I have filed a divorce case against my wife.we have a simple marrige and no dowry has been accepted by us.But after divorce filling they filed an fir for 498a,323,377,354,511 against me and my family.Please help
Deepak Yashwantrao Bade
Responded 5 years ago
A.Dear client it's practice to file counter cases against husband but firstly you need to get anticipatory bail from session court
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ARPIT BATRA
Responded 5 years ago
A.These allegations have become a practice. She filed a counter blast to your divorce petition. Judges are sensitised about such situations
You have options such as Quashing, Anticipatory Bail
Kindly provide documents for further assistance
You have options such as Quashing, Anticipatory Bail
Kindly provide documents for further assistance
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Rajender Prasad
Responded 5 years ago
A.THE SECTIONS 323,377,354 AND 511 ARE THE GENERAL SECTION WHICH ARE ALLEGED ALONG WITH 498A. FOR DETAIL, PL. CONTACT SOME ADVOCATE THROUGH VIDHIKARYA.COM
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Neeraj Kumar
Responded 5 years ago
A.See you don't need to worry...because these kind of allegations are very common ...So, First of all, File an Anticipatory bail in Sessions Court, if they don't pass the order in your favor then you need to go to the High Court (Appeal).
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ROBERT D ROZARIO
Responded 5 years ago
A.If you and your family have not obtained regular bail then get Anticipatory bail from High Court. Thereafter approach High Court for quashing the FIR and criminal proceedings brought against you and your family. Contact Vidhikarya for allotting a lawyer to take up your case.
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Ambrose Leo
Responded 5 years ago
A.You have a Complex & serious issue, The Apex court has passed order on similar matter, you have to move petition before the SC through a Professional family matter lawyer to safeguard your interest quickly.
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A.It is counter case and get it quashed.
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Nirmal Chopra
Responded 5 years ago
A.U have clearly mentioned that who filed divorce petition. You or your wife.but since FIR has been registered, u should apply for anticipatory bail at the earliest. You can try up to Supreme court also for anticipatory bail in case u shall have to surrender and apply for bail for the reason that anticipatory bail is pre arrest bail and should try all options up to Supreme court before surrendering and applying for regular bail.
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A.Dear Client,
As I understand you have been booked under 498A,323,377,354 and 511 of IPC.
Out of 5 Sections 498A and 377 are Non Bailable.Once you are arrested means it will take time ,which means it may
take 90 days to 120 days to be out from the Jail.Under the circumstance you have been left out with one Choice that means to get Anticipatory Bail from the Hon'ble High Court.
Since you have already filed the Case for Divorce, bring this matter to the Notice of the Judge and explian him/her the exact position and request for early disposal of the case without jumping the steps/procedures.
Shanti Ranjan Behera,Advocate
As I understand you have been booked under 498A,323,377,354 and 511 of IPC.
Out of 5 Sections 498A and 377 are Non Bailable.Once you are arrested means it will take time ,which means it may
take 90 days to 120 days to be out from the Jail.Under the circumstance you have been left out with one Choice that means to get Anticipatory Bail from the Hon'ble High Court.
Since you have already filed the Case for Divorce, bring this matter to the Notice of the Judge and explian him/her the exact position and request for early disposal of the case without jumping the steps/procedures.
Shanti Ranjan Behera,Advocate
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Rameshwar Dadhe
Responded 5 years ago
A.Dear sir please go to the court and take bail who's name in in FIR
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A.Dear Sir,
It is called counter blast case. She has filed this case only after you filed divorce case to save her skin. Judicial notice will be taken.
It is called counter blast case. She has filed this case only after you filed divorce case to save her skin. Judicial notice will be taken.
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sistla ramakrishna
Responded 5 years ago
A.You must engage an expert advocate to project your case. He will apply for bail and do the needful.
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Ashutosh & Co
Responded 5 years ago
A.Dear clint u cane get the bail from the court under section 498a etc but ur qurey is not clear what u want and when fir lodge did u get the bail
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Meenakshi Garg
Responded 5 years ago
A.Sir,
Firstly, Apply for an Anticipatory Bail for yourself and your family. You can file a complaint in nearby police station that she was blackmailing you.
Secondly, the dowry case is the repercussion of that Divorce Petition filed by you. You did right by filing divorce first because now you have upper hand in the case as the FIR would be seen like a counterclaim by your wife which you can plea before the magistrate.
Thirdly, make your case strong in the divorce petition filed by you or else try to settle the matter. If the matter gets settle then you can go for quashing of FIRs.
And you can ask your advocate to file a counterclaim against her dowry case and collect all the evidence against her i.e. the call recordings or CCTV footage etc.
If you do not have an advocate then you can consult Vidhikarya to provide you an advocate.
Firstly, Apply for an Anticipatory Bail for yourself and your family. You can file a complaint in nearby police station that she was blackmailing you.
Secondly, the dowry case is the repercussion of that Divorce Petition filed by you. You did right by filing divorce first because now you have upper hand in the case as the FIR would be seen like a counterclaim by your wife which you can plea before the magistrate.
Thirdly, make your case strong in the divorce petition filed by you or else try to settle the matter. If the matter gets settle then you can go for quashing of FIRs.
And you can ask your advocate to file a counterclaim against her dowry case and collect all the evidence against her i.e. the call recordings or CCTV footage etc.
If you do not have an advocate then you can consult Vidhikarya to provide you an advocate.
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