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Stay order against case filed u/s 498a against husband by in-laws
14-May-2023 (In Criminal Law)
My self currently living in delhi with my wife n son of 3yrold (All are Hindu by religion), my father in law from Dumraon has filled a complain against me n my family members under section 498a,the matter is under Family welfare department and is about to proceed to local mahila police station n further. We have already taken bail from district court regarding this but now we want to take stay on this matter before it goes to police station or court. Please help me with the detailed procedure that how to proceed with the matter to take stay on it.
You should go for quashing in the high court to the quash of ur498-A after conxizance order of district court where ur bail has been granted.after filing Quashing u will get relief for staye order.contact to us.
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Adv. RK Goswami
Patna | 100+ Answers
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How can I get stay order in 498a case by High Court?
You can obtain a stay by filing a quashing request before the high courts under section 482 CrPC. The court will only grant a stay if it is determined by the judge that the case is genuine. You can also request a permanent exclusion for your parents. You can then apply to court for discharge. 13-Jan-2023
Can police close the 498a FIR?
The police cannot close the FIR that was registered under section 498a IPC. It is a cognisable offense, which means it cant be compounded, and bail cannot be granted.
What is the time limit for 498a IPC?
According to Section 468 CrPC, a complaint under Section 498A IPC must be filed within 3 years. 12-Apr-2023
Dear Client,
How have you secured the bail even before lodging the FIR ? This is the strange thing. First let the FIR registered, then you go for bail secure it. Before lodging the FIR, you can try to mediate with the opposite party.
How have you secured the bail even before lodging the FIR ? This is the strange thing. First let the FIR registered, then you go for bail secure it. Before lodging the FIR, you can try to mediate with the opposite party.
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Adv. Kumar Karan
Patna | 200+ Answers
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If you are on bailed by the learned Distt and Sessions Judge in that very case then no question of arrest by the concern Mahila Police station if you want to stay the entire proceeding then you have to filed a quashing before the Hon'ble High court ,in that very quashing proceeding the Hon'ble high court stay the entire proceeding.
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Adv. Kumar Ravishankar
Samastipur | 25+ Answers
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If your wife is living with you in peaceful coheasive manner/atmosphere , how can his father file a case under section 498A. However, staying or quashing the case you have to file application before high court.
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Adv. Kumar Abhimanyu Pratap
Patna | 400+ Answers
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The stay order granted by the Bombay High Court provides the husband and family with a temporary reprieve from the legal battle, and the opportunity to pursue a just and fair resolution of the dispute and preserve their legal rights. How to Get Stay on Trial for False 498a...
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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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