• How to avoid arrest for false dowry case specially on weekends

My wife so far has filed 3 times false police complaints against me for dowery & DV. so far i am somehow able to convience her before police register an FIR. but she regularly threatens me of doing same again if i dont bow down to her demands. I am afraid that her parents may bribe police and police may try to arrest me on weekends when court is on hoilday. I am a govt servent and may face suspension if i spent 48 hours in detention. 

how to avoid police arrest please guide. can i get anticipatory bail before my wife file any complaint to police , if so then what is time period or validity period of such anticipatory bail?
Asked 7 years ago in Family Law
Religion: Hindu

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9 Answers

1) please take note that as per SC judgment there is no automatic arrest in case 498A case is filed

2) police have to issue you notice under section 41 A of cr pc

3) record your statement

4) you can apply for and obtain AB from sessions court in the meantime

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

1. In 498A cases the automatic arrests has stopped.

.the police without sending you notice u/s41(a) crpc and non compliance of it by you can not arrest you.

3. Even if arrests is made on weekends the court sits on everyday and in the same very day of arrests the husband is produced before the Magistrate and his bail prayer is heard.

4. once husband receives the 41(a) crpc notice he can apply for anticipatory bail.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

Yes you can get anticipatory bail and also there is no automatic arrest in the dowry cases as per the guidelines issued bh the Hon'ble Apex Court. Therefore tou need not worry about arrest, also once the FIR is filed you can approach the High Court with a petition for quashing the same.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

You cannot obtain AB even before there is any complaint or FIR.

You have to be vigilant about this by your own prudence.

You may also bribe a cop in the same police station who may supply you the information about any such development

T Kalaiselvan
Advocate, Vellore
84921 Answers
2195 Consultations

5.0 on 5.0

make an application for amendment of divorce petition

2) court would permit amendments

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

Dont worry about the mention of wrong date in the divorce petition, you can mention the correct date in the affidavit to be filed as chief examination and can also mention in a line about the erroneous date mentioned in the petition.

You dont have to file any amendment petition for this error by oversight.

T Kalaiselvan
Advocate, Vellore
84921 Answers
2195 Consultations

5.0 on 5.0

Any correction , addition or alteration including cna always be made in the pleading at any stage by way of petition for amendment under Order 6 Rule 17 CPC.

So file amendment petition.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

Move an amendment application before the court and make the necessary corrections.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Seek leave of the Court and once the Court permits you, make a correction.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

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