• My wife filed a compalint in women police station

Dear Sir/Madam,
we are staying nearby my inlaws home.my wife spends lot of her time with her mother and father neglecting my children. So got fed up and shifted my home 10 kms away.Now she has stopped cooking taking care of children etc.. This has been going on for the last one month.So I told her to go to their home. I had dropped her at their mother home.
the next day I went to my inlaws home and had a quarrel regarding this.
in the evening they have filed an complaint in women police station mentioning that I am harassing and torturing her.They have included the names of my brother , his wife and my mother.They are not staying with me for the last 5 years an there is no contact with them for last 3 years.
The police had called me and asked to come for counseling classes weekly once both me and wife are attending the classes.
but my father in law is insisting on filing a case regarding this.
what should I do?
what happens if they have filed 498a case upon me?
will I get arrested?
pl. suggest me.the kids are with me aged 13 years and 9 years.
please help.
Asked 7 years ago in Criminal Law
Religion: Hindu

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10 Answers

Hello,

If at all the case is filed you will not be arrested as you have the statutory benifit of section 41 A, but still you will have to take part in the investigation and also if the FIR is filed you have the option of filing a petition for FIR quashing in the High Court.

Regards

Anilesh Tewari
Advocate, New Delhi
18089 Answers
377 Consultations

The police had called me and asked to come for counseling classes weekly once both me and wife are attending the classes.

but my father in law is insisting on filing a case regarding this.

what should I do?

what happens if they have filed 498a case upon me?

will I get arrested?

pl. suggest me.the kids are with me aged 13 years and 9 years.

If you anticipate registration of FIR despite the counselling sessions, then should better be very much vigil over the issue and immediately obtain AB before attending further inquiry sessions.

If the father in law is adamant about it he may try to induce the police by bribing them hence it is always better that maintain a proper watch over it.

T Kalaiselvan
Advocate, Vellore
86968 Answers
2334 Consultations

what is the procedure to be followed if they arrest me ?.will they notify me before hand that I would be arrested. what should I do? totally confused?

please help me as the children are with me only.

Actually in Andhra Pradesh, 498a offence is bailable hence you may get bail from the police station itself, hence you may plan the events accordingly.

T Kalaiselvan
Advocate, Vellore
86968 Answers
2334 Consultations

As told earlier there is no automatic arrest in 498a cases, the hon'ble apex court has provided guidelines with this regards. Please do not worry with regards to any arrest, if FIR is filed then you will receive a notive under section 41a to participate in the investigation.

If you need further counselling in detail you can call me.

Regards

Anilesh Tewari
Advocate, New Delhi
18089 Answers
377 Consultations

If 498A case is filed police would issue you notice to record your statement

2) you can apply for and obtain anticipatory bail from sessions court

3) file for divorce on grounds of mental cruelty abd seek custody of your children

Ajay Sethi
Advocate, Mumbai
96769 Answers
7805 Consultations

Police cannot arrest you merely because FIR is filed

Apply for and obtain anticipatory bail

Ajay Sethi
Advocate, Mumbai
96769 Answers
7805 Consultations

1. if she files complaint for offence u/s 498A you should immediately file petition before high court for quashing.

2. you have evidence to prove that she has been reluctant about fulfillment of matrimonial obligation and this is counter blast.

3. according to judgment to of supreme court in arnesh kumar vs state of bihar no person can be arrested for the offence of cruelty u/s 498A. so you cannot be arrested.

4. once you prove that she is guilty in the case then her complaint shall be quashed by the high court

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

That is a wrong legal opinion, if you have a notice of 41A then you can not be arrested directly, and yes he right hen he tells you the procedure of bail, but this bail can also be given to you when you appear before the court. You can not be sent to jail

Anilesh Tewari
Advocate, New Delhi
18089 Answers
377 Consultations

It is true that when FIR is filed notice would be issued under section 41A to record your statement

2) you would not be sent to jail

3) you can apply for bail as i498A is bailable offence in AP

Ajay Sethi
Advocate, Mumbai
96769 Answers
7805 Consultations

No opinion rendered by the experts here towards the lawyer's fee told to you by your lawyer. It is up to the lawyer to inform you about his fee, if it is not acceptable to you, then you may engage a different lawyer with lower costs.

Since 498a is a bailable offence and you can be let out on station bail itself, you can visit the police station, attend the inquiry session, if FIR is registered then you can get enlarged on station bail by providing personal bond/surety also

You may consult another lawyer who may be in good knowledge about this and would guide you properly.

T Kalaiselvan
Advocate, Vellore
86968 Answers
2334 Consultations

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