I am married and have 1 month baby girl. For last 3 months my wife is her parents house for delivery purpose. I met her and paid all expenses till Jan 7th 2017 of my wife & daughter. Have proofs. Now she is annoyed and did not talk to me for some issues on parents behaviour or my behaviour. My parents at Kolkata and I am at Nagpur. My wife's at Naihati in West Bengal. Till date they did not do anything but chances are there to police complaint to harass me. We got married in March 2016 in Temple and registration not done. When we stay together upto Sept 2016 at Nagpur, we quarreled but no physical violence.
My queries are-
Can she file 498A against me & my family based on above facts.
If she did then can Police arrest us.
If so how can we protect to avoid such incidence.
Is there any law to teach them.
Divorce is a separate issue- that can be discussed later.
Kindly guide me to get rid of from such false allegation.
Asked in Family Law from Kolkata, West Bengal
1) 80 per cent of 498A cases are false . wife can file 498A case
2) police would issue you notice to record your statement not arrest you
3) obtain AB from sessions court
4) you can file counter case of defamation against wife if she maligning your reputation
How much is the cost of Anticipatory bail for me or for full family.
My parents are very old, how can I protect them.
I dont want divorce for my newly born baby but try to teach her. How to maintain the relation with husband and his family members.
Asked 3 months ago
1) legal fees vary depending upon lawyer engaged by you
2)you can apply for AB from sessions court for your parents
1. It appears that you are apprehending that she might lodge false 498A complaint against you and your family members. if she lodges such complaint police will not arrest you immediately as per supreme court direction up on the police not to make any arrest against the complaint of wife without conducting an investigation. So, you will be called by the police for investigation in connection with the complaint lodged by your wife. If police find any prima facie evidence in support of the complaint against you then they will register a FIR against you and you will get ample chance to avail anticipatory bail for all the accused. You shall have to convince the police about your innocence if you are ever called for investigation by the police against any complaint lodged by your wife. You are required to develop very good rapport with the Investigation officer (I.O.) of police in your own interest.
2. Once you get the AB, you can contest the 498A case fittingly by engaging a lawyer having expertise in this field.
3. If the complaint o9f your wife is found to be false, you can lodge/file a criminal complaint/case against your wife u/s211 of IPC for lodging/filing false complaint/case against you.
4. If police files charge sheet in the 498 a case, you can find out loopholes in the charge sheet and file a petition before the High Court for quashing the said FIR.
1. The cost for getting AB varies from place to place and lawyer to lawyer.
2. In Kolkata, it can be Rs.50 K per person for getting the AB.
3. The Public Prosecutor and also the IO is required to be taken in to your side before AB petition is filed for getting the order of AB from the trial Court.
1. Do not get sacred as getting nowadays has become lot more easier.
2. For getting anticipatory bail I would charge Rs.35,000/-.
3.There are many other ways to protect yourselves from false 498A cases.
4. Since you are from Kolkata you may feel free to contact me at 9062412450 so I can advise meeting you in person.
5. There are many way to teach them which i can certainly help you.
1. 90% of 498A cases are false, so your wife too can file it. When one has to file a false 498A she will concoct a false story and file it anyhow.
2. You must apply for anticipatory bail to preempt your arrest and detention after the FIR is filed. Thereafter, the case can be contested on merits.
3. Cost of AB is the fee of your lawyer. Since there is no uniformity in the fee structure of lawyers I cannot predict what it will be
On the ill advise by her parents or relatives she may even plan to lodge a police complaint under the offences of 498a agaisnt you and your parents or close relatives.
The police will first summon you on the basis of her complaint, you can obtain AB in the meantime before calling on the police station.
Obtain AB and challenge her false case in the trial court properly.
What are you going to teach her
The lawyer's fee for AB canot be predicted, it depends on the lawyer who you would like to engage
First obtain AB and then plan other legal course to quash the charge sheet of FIR
Dont file divorce petition and you can challenge any such case that may be filed by her, properly