Legal Question in Criminal Law in India

SEC498a anticipatry bail
Sir , i have filed 498a against my husband and family bcz they have harrassed me alot for money inspite of very good marriage and also they have taken all my household goods from bangalore , sir they have taken anticipatry bail in bangalore case from ahemdabad highcourt on 2nd june, sir iam very much tensed as he has filed divorce also for me and left me alone in bangalore city and iam MBA student and not earning, They have taken exemption on 21st july to present in court at bangalore for 498a , sir i want to know that shall i still oppose their anticipatry bail and is their still chances that these people will get atleast some punishment or arrest because sir they troubled me alot in past 3 years, and my husband is still earning at mumbai 1 lakh rupees permonth, I want justice sir my parents has spend around 22 lakhs in my marriage and these people has also taken maruti swift car in his son name , sir they are very greedy family and i want to see them in jail , i want to oppose their anticipatry bail ,please sir tell me the procedure, and also iam filing maintainance case ,

Asked on 8/22/08, 3:34 pm

4 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: SEC498a anticipatry bail

Do not worry about the anticipatory bail. You need not to worry; do not repeat your question by changing the language.

Since you are an educated girl, please read the provisions of DVA carefully and plan your action carefully.

Answered on 8/22/08, 9:52 pm

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Seema Bhartiya

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Re: SEC498a anticipatry bail

Thanks for referring an important question of law involved in the matter. I had carefully gone into the facts narrated by you in your reference.

As you say that you had filed case under section 498a CrPC against your husband and family , they taken exemption from appearance .If your husband and family not taken /given bail or they applied for anticipatory bail then you can definitely oppose their anticipatory bail, at the time of hearing on bail application . It appears that your case under section 498a is at initial stage . If accused persons fail to get anticipatory bail they will definitely be arrested . As far as punishment is concerned ,court gives decision on merits after trial is completed .So, mere getting bail does not affect the punishment or dcision of case ,it has to be decided on merits by court. You can file maitenance case under section 125 Code of Criminal Procedure . As you said that your husband filed divorce petition ,so you can file an application for maintenance in pending divorce petition. Further as you stated that your husband and in laws had troubled you a lot. You can also file an case under the provisions of Domestic Violence Act . You can also claim maintenance as well as compensatiion for ill acts and cruelty committed to you by your in laws in the case under Domestic Violence Act.

In case you find any difficulty, please don�t hasitate to recommunicate your problem.All possible assistance will be provided you.

Answered on 8/22/08, 10:16 pm

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