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Success in GEtting AB Purely on Merit 
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Joined: Mon Jul 19, 2010 7:18 am
Posts: 152
Dear Friends ,
With God prevaling , curtsey the festive season round the corner, i wanted to share my happiness with all of you.

Today my bail application was granted in my favour. Despite strong reservations from the opposite camp, the metiulous approach of my lawyer in doing a thorough post mortem of the FIR and understanding the loop holes helped us sail past these choppy waters. we had placed all evidences of a happy and content married life, i.e Photos etc for the perusal of the judge and at the same time my counsel had brought out the supporting judgements wherein there is no need of custodial interogation in case of 498a and 406 cases.

The judgement by the learned judge while deciding my case strongly resonated these facts and i was granted AB on merits as we far outweighed her false allegations.

I thank my counsel and all forum members for their untiring support and encouragement towards fighting for justice.

Regards
Ritesh

P:- Writ Petition dates in High Court for orders is coming soon, hopefully much respite is expected there thus all on whom FIR has not happened can benefit from the same


Wed Oct 05, 2011 3:53 pm
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Joined: Wed Mar 26, 2008 9:03 am
Posts: 3053
Congratulation Ritesh:
The battle has begun on a good note ;This step assure that you will not have to concede any grounds during trial and would nail lies against you ;Thus stopping Misuse of 498a
Fight back is the best option


Thu Oct 06, 2011 5:49 am
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Joined: Fri Jan 22, 2010 3:50 pm
Posts: 351
Ritesh,
What abt her articles? Did you deposit that or even without deposting you got AB? Where is your case? Sometimes AB depends upon the states.

Congrates !!!


Thu Oct 06, 2011 1:33 pm
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Joined: Mon Jul 19, 2010 7:18 am
Posts: 152
no depositing of articles as we never had any. Ab granted on merits purely


Thu Oct 06, 2011 1:40 pm
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Joined: Fri Jan 22, 2010 3:50 pm
Posts: 351
She might have written a whole list of articles in her FIR. How did you counter that?


Thu Oct 06, 2011 3:50 pm
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Joined: Fri Apr 23, 2010 9:23 am
Posts: 211
yes even i am curious to know, how you tackled the allegations made by her for her streedhan/dowry articles


Thu Oct 06, 2011 7:18 pm
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Joined: Mon Jul 19, 2010 7:18 am
Posts: 152
The complaint which my wife submitted in CAW cell, consisted as any other complaint a list of articles which supposidely are according to the complaint in our custody.

1. My wife alledged that when we came to delhi she prior going on a vacation entrusted these to her MIL.
2. MIL used to harass for insufficient dowry and husband used to subject her to cruelty , so primarily the complaint and the FIR which is an exact copy of the complaint had the 406 on MIL and 498a on me, although both of us were subjected to these sections.

Points in my Favour.

1. The same complaint was admitted by my wife under DV in Mahila Court, and the Learned MM, even before admitting the case had asked for deleting the names of MIL, SIL, and FIL since they were never part of the shared household as i was always away and we resided at the place where i was posted. Thus her own case became her biggest pain.

2. On the basis of this order and also that we had nailed her lies in DV and the supporting order , the session judge had no seperate and different thought to grant AB to my mother and married sister.

3. Coming to me , I produced in court a huge bundle of emails, photographs and letters written as exchange of love , and faith between two spouses over a period of several years of their married life. Further the photographs exhibiting love and happiness captured on numerous adventure excursions, vacations, family functions formed the icing.

4. My counsel had staggered our bail applications , my mom and sis got AB first and then i applied for it.

5. My counsel also pointed out judgements in support of the fact that in cases of 498a and 406 custodial interogation in not needed.

6. We had applied RCR and 8 months after my desertion and applying RCR she filed 498a and DV

7. We were ready for mediation and taking her back, she was not.


Thus without any second thoughts and purely on merit, due to the meticulous palnning and well thought approach of my counsel, not withstanding the fact the numerous evidences which i produced, including that all expenses were incurred by us during marriage, i.e army mess booking etc. AB was granted to us and the same is also written in the order , purely on merit. i am happy that i was not subjected to any form of monetary obligation prior being granted AB, which otherwise i believe is a norm.

PS;- What next ???? now AB has been granted


Fri Oct 07, 2011 1:24 am
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Joined: Sun Oct 17, 2010 5:06 pm
Posts: 430
After AB just relax and concentrate on other cases.


Fri Oct 07, 2011 3:19 am
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