Yesterday day, it was very hard for me to argue with a Husband and his family.
Wife was earning 35K per month. Within 4 months of marriage life, she set up lots of unreasonable demands including demand that neither husband nor his any family member will ever ask her about what she is doing with her salary of 35K month and where she is keeping her money.
Well, husband said I do not want any money from your salary, but you must at least let me know what you are doing with your salary and where you are keeping it.
The wife has left home. She is consulting lawyers. The Husband and her family is apprehending false case under 498A.
I suggested them that they should immediate send her legal notice before she files case under 498A.
They said their other lawyers are advising them not to do anything first. They went to District Court Mediation center. They also advised them not to start anything first.
Then they asked me, what will happen if she files 498A case, police arrests us and brings us to judge, and we DO NOT ASK FOR BAIL? For how many years a Judge will keep us in jail if we do not ask for bail?
Well, I said that as per normal procedures, they have to apply for bail. Otherwise judge has no option but to send them in jail.
SECOND THOUGHTS
The Husband and his family had asked a valid question. Is it not burden on courts to release them on personal bonds even if they do not ask for bail? Are judges not bound to THINK before sending anyone to Jail? Is 498A an automatic provision where the judges have no option but to send family of husband to jail, IF THE HUSBAND AND HIS FAMILY REFUSE TO APPLY FOR BAIL?
FOR HOW MANY YEARS, THE JUDGE CAN KEEP THEM IN JAIL IF THEY DO NOT ASK FOR BAIL?
Haresh Raichura
1006
