11. ys, she can file case u/s498A IPC or case under PWDV Act at any point of time.For filing such cases she need wait for you to file divorce suit forst.

2. However in 498A cases the automatic arrest has stopped.The police will first send you a notice u/s41a after which you can apply for anticipatory bail and once you get that all the concern of 498A case vanishes.

3.So there is no need to get scared of arrest though police would come to your house but for the purpose of service of notice u/s41A CRPC.

4. So there is no need to fear necessarily.

1)wifecan file case for dowry harassment even after you file for divorce

2)you would not be arrested merely because FIR is lodged

3) you can obtain anticipatory bail for yourself and family members

4) policewould merely issue younotice to record your statement

5) do not bow down to blackmail tactics

They will call you and other accused to police station to record your statement

2) don't file for divorce first

3) let wife file for divorce and you can contest the divorce case

1. If you did not accept her notice then how can you reply to it?

2. You are free to file for divorce, but this will not preclude her from filing 498A or any other criminal case. In the event FIR gets registered apply for and obtain anticipatory bail.

3. Police is bound to issue you a notice before arresting in 498A.

4. Police records the statement in police station, not home.

Our concern is that can she file a police criminal case against us even after we filed for divorce in court? And can police come & arrest us at home for which we will have to apply for bail or once the divorce case is filed with court, there cannot be any police case until court comes to a conclusion?

It is her decision to lodge a criminal complaint or not, it cannot be predicted.

The police will not come to yor house to arrest you but they may summon you to the police station,

You can obtain AB at that time and then visit the police station.

It is not necessary that they will have to wait for the court order however generally the police will not make any such attempt during the pendency of bail application decision.

But, will police record the statement at home only while delivering the notice or they will take the family members to the police station?

The police would summon you people for inquiry and investigation to the police station and they may not record your statements at your home. .

Secondly, is it advisable in my scenario to file the case first??

If you have any grievance agaisnt her you may proceed with filing any such case as you decide about it

1. police record statement at PS only .They would not take you to PS also.

2.You can wait little longer to decide on filing the suit.

1. if she files domestic violence case you cannot be arrested until you breached notice of the court.

2. if she files case for cruelty under section 498 A then again you cannot be arrested according to direction given by the supreme court in arnesh kumar case.

3. if you have decided to file divorce case you may do so, if she files any case in counter blast of divorce case then court may presumed it as cross case hence it will loose credibility.

1. She can of course file a complaint against you and/or your family members u/s 498A of IPC even after you file th divorce suit.

2. As a precautionary measure, you should now lodge a police complaint against her alleging that she has threatened you that she will file a false 498A police complaint if you file a divorce case against her.

3.As per supreme court direction, police will not make any arrest immediately based on your wife's complaint. So, do not worry.

4. Police will make investigation first based on her complaint for which you shall be called at the police station for conducting investigation.

5. If police registers a FIR based on your wife's complaint, then you and all tye accused shall have to avail anticipatory bail from the Court first and then contest the case fittingly.

6. Engage a local lawyer having expertise in this field.

1. Ordinarily police calls all the accused to the police station and record their statements.

2. You should co-operate with police fully and ensure that no FIR is registered by te police after conducting the said investigation.

3. If police registers FIR, hen all the accused shall have to obtain AB as suggested in my earlier post.

Dear Concerned

Lets look at this step by step

FIRSTLY - PLEASE NOTE there is no value of a Legal Notice Sent By a Lawyer in a Matrimonial Case. Hence DO NOT REPLY TO THE legal notice sent by your wife through a lawyer - YOU will end up writing your defense.

SECONDLY - There is no Automatic Arrest in false matrimonial cases i.e the Dowry Demand and Cruelty case filed by wife. If your wife complaints - you will get a call from the concerned police station - you must visit and mention your side of story -DO NOT give anything in written to the police.

THIRDLY - FILE A DIVORCE before your wife does anything - ie a false DV complaint or false police complaint. The Hon'ble Apex Court has given some serious views toward the RETALIATORY complaints filed by wife after Husband file any divorce or separation case. Hence go ahead and file DIVORCE without delay - mention all your fact in the same and dont reply to your wifes legal notice.

POLICE delivers Summons and not notice - notice is sent by a lawyer - police delivers summons from court , infact in matrimonial case summons will come via post and not police.

YES go ahead and file a case.

Best of luck