Advocate Bandhupriya Dey

Questions Answered by Advocate Bandhupriya Dey

Q: Can anticipatory bail be filed directly to high court?

Dear Sir/Madam, An FIR has been lodged against my mother and me under sections 379, 325, 506, 406, 354(B), 386, 120B, and 34 IPC. The FIR was initiated by order of the ACJM, and subsequently, the local police station has issued us a notice under Section 41A of the Cr.PC. In this situation, I would like to know if we can directly approach the High Court for anticipatory bail without going through the Sessions court. The case against us is entirely fabricated and baseless. Thank you.

Advocate Bandhupriya Dey answered
Yes you can approach Hon'ble High Court for anticipatory bail u/s 438 CrPC but it's better to move your petition under the section first in the Sessions Court because you can get a second chance if your bail petition is rejected in the Sessions Court.

Q: How many days it takes to withdraw 498a case ?

My wife is willing to withdraw 498a/406 Case against me as we have made an agreement where I am ready for MCD and she will appeal to judge to withdraw 498a aganist me. My question is can 498a case be withdrawn ? and how much time or what is the process judge will take to complete 498a withdrawn activity ? And what is the process?

Advocate Bandhupriya Dey answered
If the charge is framed already then you should talk to your advocate and he will guide you accordingly. It depends on the dates provided by the concerned court. I hope that I have made it clear to you.

Q: What is the meaning of contested allowed in a case ?

I am the respondent in this case and the case has been disposed with nature of disposal being(CONTESTED ALLOWED).THE CASE WAS REGARDING MAINTENANCE. contested allowed meaning ?

Advocate Bandhupriya Dey answered
"CONTESTED AND ALLOWED" refers to that you have contested the case as a respondent and maintenance allowance order has been passed against you. Its better to confirm from your Advocate the quantum of maintenance you have to provide to the Petitioner.

Q: I want to file an divorce against my wife

I am married for last two years. My wife is a State Govt employee and myself is a central Govt employee. For job we are staying different state. For last one and half year she did not keep any relation and she is staying at her parental home. I also come to know that she had an affair with her colleague before marriage which continues after marriage also. I have collected some proofs regarding the affair. She also made false complaint to my department to demean my image. I want divorce from her. Please suggest my further course of action.

Advocate Bandhupriya Dey answered
You can always file a divorce petition but prior to that send an Advocate notice to your spouse. If your wife agrees with you then you can file a petition on mutual consent and if she disagrees then you have to contest.

Q: Validity of 498 cases after mutual divorce

My friend is a Hindu by religion and married another Hindu lady in 2014. Both are in Govt. service. They got married by special marriage act in the year 2014. My friend's wife has filed a case against him under section 498 in the year 2015. Later she filed another case of Domestic violence against him seeking for alimony in the year 2015. She filed another criminal case against him in the year 2016. My friend has filed a case for contested divorce against her in 2018. After that, the case of Domestic Violence has been dropped in the year 2018 since she realized that she can’t get any alimony since she is a Govt. servant. She has also withdrawn the criminal case filed in 2016 against him. Now, they are asking my friend to withdraw the case of contested divorce and go for a mutual settlement. However, the outcome of the case filed under section is 498 is unknown. Now, my question is that whether the case under section 498 will be automatically dropped if they are mutually divorced?

Advocate Bandhupriya Dey answered
498 A is a criminal case. It can be withdrawn on comprised ground. For that your friend has to proceed to the Court where the same has been filed. Yes, your friend can withdraw the petition for divorce and file a new petition on the grounds of compromise in the family court.