Legal Question in Family Law in India

Re: 498a

dear friend,

it is not correct that your house would be demolished by bull dozer. however, the police has power to do Kurki Jabti of your house, if you are declared absconder. in the course of Kurki Jabti, all the articles in your house would be siezed, and at time the police also do damage to the house as well.

so far as your wife not appearing in your divorce case is concerned, if the summons have been duly served upon her, you can proceed ex-parte in the divorce proceeding against your wife.

regarding the case u/s 498A agaist you, you have not provided me with full information.

i need more information on this point.

you can send me mail giving the full information, only then i would be in a position to reply.

the following informations i need.

where is your wife located in U.P.

how many persons have been mde accused in the case.

what are teh other charges.

what are the material produced before the court.

regards,

rajiv

Re: 498a

Police does not have power to destroy your house but in case of non appearance before police despite notice of appearance given to you and your family members,police can obtain order of attachment of property from the court.In your state of UP,you can not obtain anticipatory bail from the Court of Sessions as the provision for anticipatory bail is not applicable in UP.However you can obtain stay of arrest from Allahabad High Court by way of filing Writ Petition under Article 226 Constitution of India read with Section 482 of Cr.P.C.The cost of legal proceeding varies from place to place and lawyer to lawyer.Anyway, the cost will be around 25000/-

Re: 498a

Dear Gentlemen:

Unfortunately, there is no provision for anticipatory bail in the state of uttar pradesh. You have two options. One surrender before the regular court of U P and apply for regular bail. In such a case you are taking a chance for not getting bail and then being sent to judicial custody in jail. Secondly, you may apply to Allahabad / Lucknow high court for stay of your arrest and permission to appear before the concern court with the protection of aforesaid stay. Sach a move can be made under writ jurisdiction of Article 226 of the constitution of India. As regards, demolition of the house, in case you do not appear before the trial court in UP, then, court normally first issue Non Bailable Warrant for the accused and if accused still chooses to not to appear then the court after complying with the procedure under Sec 82 /83 Criminal Procedure Code, the accused may be declared Proclaimed Offender and in that case and only in that case the property standing in the name of the accused may be attched / sealed first and subsequently if the accused still not appear then property may be put to sale. It is suggested that you do not get into the intricacy of not appearing. You should either appear before the court or get your arrest stay and then appear. If the case is false, then you may apply to the High Court for quashing of the FIR.

Regards,

Bhushan Arya