Sir I have filed a divorce pitition against my wife I have all the proofs against her. Even I have a DNA report also which mention that my son is not my son. She has already filled a fake Complaint against me before caw cell. But she is going to file false domestic violence Complaint and dawery Complaint against me and my family. I just want to know that if she file a complaint against us before the honable court what will happen. Shall they directly arrest us or they give us notice. What should I do right now kindly suggest
Dear Querist
There is no procedure for arresting in Domestic violence case by police or court, hence no need to worry.
If she will file domestic violence case against you and your family then after considering all facts the court issue summon and after that you may fight the case on merit with the help of a lawyer who deals in matrimonial criminal cases.
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1.Even though you have so much incriminating proof she can nevertheless file case u/s 498A and under PWDV Act.
2. However seeing the proofs at your disposal you would find little difficulty in getting bail and later obtaining acquittal for those cases.
3.So do not get worried about the cases and pursue your cases vigorously.
4.Do file criminal case adultery u/s 497 IPC against the person who beget the child with your wife.
5. if she files 498A case you would get notice from the court and once you get that you apply for anticipatory bail from court.
If any dowry harassment case is filed notice would be issued to under section 41A of cr pic
2) you would not be arrested
3) obtain copy of FIR and obtain anticipatory bail from session court
In the DV case there will be no arrest.
In the dowry harassment case, the police may summon you to the police station for inquiry.
You may apply for AB at that time for you and all those listed as accused in the FIR and then appear before police for enquiry.
Hi
1) Subsequent to the supreme court orders in Arnesh Kumar vs State Of Bihar & Anr on (2 July, 2014) , police cannot arrest the husband or his relatives in the event of a wife filing 498a or Domestic violence case.
2) The supreme court has mandated a 10 point formula that police need to comply prior to arresting the accused.
3) So technically police have to issue you a notice under Section 41(A), and you need to appear before the police after that. Police will arrest you only if you do not appear for investigation.
4) Since you have the DNA report and other proof to substantiate your claim that your wife is living in adultery, police will definitely not arrest you as it is apparent to the naked eye that your wife has filed false cases.
5) So get prepared with all your defenses and appear in front of the police officer along with a lawyer.
6) If you still are apprehensive of arrest, you can always move the high court under section 482 of cr.p.c and get the case quashed or in a worst case scenario get stay of arrest orders from the high court.
No worries at all as it is apparent that you have good grounds .
