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How to get bail where wife filed complaint in police for cheating.


10-May-2023 (In Family Law)
Hi Sir I got married in 2015 April 2nd, untill now the marriage life was not healthy, had 1 son, now my son is 1 years old, my wife wants only money from me, she has been staying away from me with her own will for long time, i have been sending her maintenance money and I have proof, she is extravagant and she arguing me for more money even she stays apart from me, Every month i send 15000 Rs or more but still she argue to send more money, she is working woman, she earns 25000 RS per month. Recently 2 weeks before I met a girl , she is not married and we have had over friendly conversation but it is my mistake, I admit, but we never had sex or never talked sex. That I can prove. Recently my wife saw these message in my phone and she copied all including audio record of mine and that girl ( we had no sex or sex talk) it was caring and over friendly talk) my wife complaint to police with these audio record, message, so do I need to apply for bail, what is the law regarding
Answers (5)

Answer #1
707 votes
Hai, U don't worry, U will get the bail, because U never marry another girl, nothing happened to u ,u Properly give maintain nce to ur wife and alടം related proves are there .ur relationship that girl iS healthy One, then why u fear the CaSes. At first u try to understand and love ur Wife.U Cannt make Or try to make relationship with other girl, which will Create problemട in ur family life.ur Son also face the ConsequenuSes.
Answer #2
773 votes
Kindly find out concerned section of allegations. Also check whether an first information report is registered against you. IF Offence registered aganist you are bailable the you will definitely get bail. On the other hand if the offence are non bailable you have to apply for anticipatory bail. Any should be very very careful. Shall ready to do needful if you contact....
Answer #3
944 votes
By using the Message she could not file a non bailable case against you. If she file a false case says that you had threaten her life and molest her, beaten her and have injuries in her body then you must vigilant and take anticipatory bail.

A Hindu male is legally obligated to maintain his spouse. Maintenance includes provision for food, residence, clothing, education and medical attendance and treatment.
The Supreme Court of India has held that no fixed formula can be laid for fixing the amount of maintenance. It has to be in the nature of things which depend on various facts and circumstances of each case. The court has to consider the status of the parties, their respective needs, the capacity of the husband to pay, having regard to reasonable expenses for his own maintenance and others whom he is obliged to maintain under the law and statute.
a wife who is well qualified and is capable to earn cannot sit idle and claim maintenance from her husband. The Court relied on Mamta Jaiswal v. Rajesh Jaiswal, 2000 (3) MPLJ 100, where it was held that “well-qualified wife is not entitled to remain as an idle and claim maintenance from her husband”.
A wife is not entitled to any allowance if she, without sufficient cause, refuses to live with her husband. Marriage throws an obligation on the wife, to live and co-habit with her husband.
Answer #4
885 votes
You seems to be little bit anxious
At this stage you need not take bail
This is not a case of cheating
A fredily tack with a girl frend will not atract criminel consiquencs
With a open discussion with your wife you can remove the misunderstanding
You may have to seek the asistancc of a family counselor
Answer #5
661 votes
Der Client.
Mere chating over phone will not amount to cheating your wife .At first be bold and ask her to come and stay with you, issue a lawyer notice asking her to come and stay with you in 7 days , on receipt of your lawyer notice. On the very day file a portion for Restitution of Conjugal Rights at the Family Court of your area having juristriction. If you are booked by police for cheating you are required to take bail from court with 2 persons as surety having land properties , they are required to produce land tax receipts. You can take the help of an experienced Criminal Advocate. And for filing petition for Restitution of Conjugal Rights take the help of a Family Court Advocate. Be cool.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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