I was suffering from domestic violence from 8 yrs from the very 1st day of my marriage .i have 6 yrs old kid. my husband used to hit me everyday physically and mentally.now i am with my son at my parents place and i have lodged FIR against my in-laws and they are very rich family so they are still the same that by money they will not get arrested and nothing will happen to them and in session court anticipatory bail is rejected of my Husband on 12th April. and police have not arrested him yet and giving reasons of investigation but i feel that the police is involved with them and he may apply in HC within a week. and i want him to be arrested before that. i met senior P.I and ACP also but they are also not responding as such. please guide me for same.
Dear Querist
You may file an application before the magistrate and demand a status report from the police official/investigation officer, the court shall direct to I.O. to file a status report of the case and if the IO stated before the court that due to that reason he/she is not going to arrest the Husband then you may raised your objections.
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1) what were the reasons for rejection of husband AB ?
2) if sessions court has rejected AB husband will file petition in HC for grant of AB
3)it is not necessary for police to arrest your husband if he is cooperating with the police
4) let the investigations be completed
1-A) they reason of rejecting AB is he tried to kill me many times when i was at his place and after coming to my parents home my son went to his place for 2-3days and they all beaten my son badly and when i went there to meet my son at that time his nose was bleeding badly and he was crying alot and i went Govt. Hospital for medical test.and they were forcing and torturing my parents for mutual consent divorce. 3-A) I know it is not necessary for police to arrest him. but police is not co-operating with me properly and not responding my calls and supporting them by meeting them . where i am visiting police station daily but he is not responding any of my questions.
1)498A cases take 10 years to be disposed of
2) there is no future with the sadistic husband
3) it is in your interest to agree for mutual consent divorce
4) seek sole custody of your child
5) consent terms should provide for your alimony and maintenance of the child
6) if you want to continue your 498A case wait for police investigations to be completed and charge sheet to be filed
1. Rejection of AB is not enough reason to arrest the accused though you can send letter to higher officers of police department to arrest him.
2. For not cooperating with you in proper investigation of the case you may file writ petition in high court against police inaction.
immediately file an application for calling status report
The police, if did not remand the accused through magistrate at the time of registering the FIR, it will be difficult for them to trace the accused and produce them before concerned magistrate for remanding them under judicial custody.
A Magistrate may order for the remand of the arrested person to police custody u/s 167 (3) of the Cr.P.C. The Magistrate should be fully satisfied that there is good ground to remand the accused to police custody.
Since your husband is trying to obtain anticipatory bail and has gone underground till then, you may have to wait for the developments.
If you find that the police is ineffective on your compliant then you may approach the magistrate court with a petition under section 156(3) cr.p.c. seeking direction to concerned police for initiating proper legal action on your complaint pending before them.
You cannot expect any cooperation from police to the level of your expectation.
The police handle plenty of such cases everyday.
They cannot prioritise cases as per the complainant's desire or wishes.
You can file an objection to his anticipatory bail application before high court where he is trying to get the same by filing an intervene petition to record your objection.
You can file a caveat before high court to know about any such pending petition for AB by him in advance before granting him bail.