1. Registration of FIR from marital dispute varies with every state. So prior counselling is not mandatory in many states. However if FIR is registered you will receive notice under section 41a of crpc which gives you ample opportunity to seek bail.

2. If thrir names are mentioned in the fir they will have to get bail and later they can challenge it by quashing.

3. The question of belief or doubt arises only after initiation of tril. In criminal jurisprudence the accused persons are deemed innocent till they are proved guilty.

Since no fir is registered as yet you may concentrate on your job only.

1) on basis of complaint filed by wife FIR is filed

2) police will conduct investigations and then file charge sheet

3) most probably names of your sister , uncle would be dropped as they are not staying with you

4) burden of proof is upon wife to prove that she bought gold alleged by her

5) as far as cheque amount of Rs 6 lakh is concerned you have not mentioned in whose name land was bought

6) if land bought in joint names you can explain wife transferred funds for buying land in joint names for kid future

1. FIR can be lodged without counselling as well. It is not legal to lodge FIR without investigation, but this can never be proved.

2. Police cannot arrest without serving a notice under 41A to the accused persons.

3. In trial the prosecution has to establish the guilt of the accused beyond a reasonable doubt. The court does not presume the guilt of the accused.

4. Apply for anticipatory bail as and when the FIR gets lodged and you receive the notice under 41A Cr.P.C.

1. Police can not file FIR on 498A alone cases without recommendation from counselling experts.

2. It may be problem for them as well.

3. Court only believe on evidences.

You may be required more information going forward. So talk to your lawyer.

What my major concern is that

1.with out couselling do police got right to file FIR..and that too without proper investigation?

The police may go ahead with the registration of FIR if offence reported is cognizable

2.as my sis and my uncle aren't staying with us..wud it be problem for them?

If they have not been impleaded as party then they need not worry.

3.would court directly believe these false allegations made regarding dowry and gold which they haven't bought..and the amount which she willingle gave me through cheque..for buying land for sake of kids future..that too after 6 months of marriage..how could I prove it?

The court will hear both the sides during trial process, after that the court may decide to pass an order for as per merits of the case.

Can I know details abt 498a IPC 3,4 DPA..in detail?

Section 498A in The Indian Penal Code

376 [498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun­ished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means—

(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]

Penalty for demanding dowry.—If any person demands, directly or indirectly, from the parents or other relatives or guardian of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to two years and with fine which may extend to ten thousand rupees: 2[4. Penalty for demanding dowry.—If any person demands, directly or indirectly, from the parents or other relatives or guardian of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to two years and with fine which may extend to ten thousand rupees\:" Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months.]

Details about the section, you may go through the following :

498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun­ished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means—

(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]

4. Information to Protection Officer and exclusion of liability of informant.—

(1) Any person who has reason to believe that an act of domestic violence has been, or is being, or is likely to be committed, may give information about it to the concerned Protection Officer.

(2) No liability, civil or criminal, shall be incurred by any person for giving in good faith of information for the purpose of sub-section (1).