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Author Topic: anticpatary bail 498a  (Read 537 times)

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Offline rahulsingla

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anticpatary bail 498a
« on: October 08, 2016, 11:50:57 PM »
Dear Sir,
my wife file 498a/406 case in chandigarh, now the matter is for anticipatory bail, judge is forcing me to transfer one plot to my child name, that plot is in the name of my father & he is not willing it to give to anybody, i suggest for suknya yojna for child future. but still judge forcing me to transfer plot in the name of my daughter, daughter is with my wife,
kindly suggest hat to do next?, i want to fight the case as i know i am not at fault.

Offline raghuraman

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Re: anticpatary bail 498a
« Reply #1 on: October 09, 2016, 02:27:52 AM »
Dear Rahul,

Am not legal professional, but still you have mentioned about "one plot to my child" - you have any other plots??

If the Plot in your father's name is not an ancestral property, then the right to decision is limited to him alone nobody except your mother has rights to claim in that property as long as he is alive.

In my point, it is your daughter and end of the cycle it is your responsibility to ensure a safe future for your daughter, but if you could win the case the (as you said  you are not at fault) in such case it can be a valid point that, your wife was not ethically and morally a trust worthy person who can take care of your daughter, under the grounds that as woman who has attempted to file false cases and who has attempted to miss used the law for monetary benefits of getting wealth cannot at any point be justified to take care of your daughter in better way, so for that reason you can also demand the custody of your child as well.

Guess other learned counsel members will correct my point if it is wrong.   

Offline rahulsingla

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Re: anticpatary bail 498a
« Reply #2 on: October 09, 2016, 09:15:03 AM »
Thanx Sir,
The Plot is not ancestral property. i am also ready to do suknya yojna for my daughter in which i have to do around Rs 5000/ pm. and after 21 years only my daughter can withdraw that money no one else can use that money, but my wife only want plot also the judge forcing me to  transferring   plot on my child name. otherwise they cancel my anticipatory bail.  can judge really do this?

Offline advjaibansal

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Re: anticpatary bail 498a
« Reply #3 on: October 20, 2016, 06:01:10 AM »
Dear Mr. Singla,

Your anticipatory bail may not be cancelled for not transferring the plot in the name of the wife. Please tell the judge to hear the matter on merits. Judge cannot pass condition bail order on its own unless you agree to the same. If any such order/s passed then its a good order to challenge.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline adv.amarnath

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Re: anticpatary bail 498a
« Reply #4 on: November 08, 2016, 01:44:56 PM »
Now a days, I am also seeing in the court that District Judges are whimsically imposing heavy condition for anticipatory bail which really creates more hardship for petition/ accused person. On the other hand CJM is not inclined to bail husband at instance.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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