1. Well, though the complaint of 498A should be filed at the place of matrimonial home of the wife it can be filed by wife from her present place of residence from her parent's place of residence.The mental cruelty which gives cause of action of the 498A case does not have any fixed place of occurrence.

2.Now automatic arrest in 498A case has stopped.if FIR is registered you will get first notice u/s41A CRPC.On its receipt you can apply for anticipatory bail which is usually allowed.

3.Once AB is granted you can apply for regular bail immediately or after submission of charge sheet .

4.Do not worry.She will not be arrested all.Apply for anticipatory bail for your mother which would be allowed for sure and wait for regular bail only after submission of charge sheet.

THERE IS NO CHANCE OF ARREST.DO NOT GET BOTHERED ON THIS ISSUE.

1) there is no automatic arrest in 498A case

2) police would issue you notice to record your statement

3) you can apply for and obtain AB . You should get bail in 15 days or so

4) rely upon documentary evidence in your possession that her jewellery has been returned to her

5) your mother would not be arrested

If your wife has lived with you and your parents throughout at MP, only MP police will have jurisdiction to entertain any complaint of 498a. However, if she twists the Complaint and tries to show through her complaint that the offence was committed in Maharashtra, any such 498 Complaint, if any filed by her, could be entertained by the police in Maharashtra.

There's no automatic arrest in 498a cases. However, you could go ahead and apply for anticipatory bail.

As I already told you that there's no automatic arrest in Matrimonial cases, be assured of not being arrested until the time you cooperate with the police in Investigation.

Hi, she can file a complaint either in MP or Maharashtra ..if the FIR is filed you can apply for anticipatory bail in court .. Getting bail will not be a difficulty as you have in writing of her taking back the jewellery items , so there is nothing to recover ...

After the judgement of Arnesh Kumar vs State of Bihar 2014 accused of offence punishable under Section 498 A of the IPC cannot be arrested.  it is mandatory for the police officer to give you a notice under section 41a of the code of criminal procedure. If police officer wants to arrest you then you should resist. If you think that a false case under Section 498 a can be filed against you then you should take a anticipatory bail from the court of sessions. You can easily get anticipatory bail in the light of judgement of Arnesh Kumar.

Sir,

1.What is jurisdictiin regarding 498a case? Can maharashtra or MP police arrest me or my family?

The local police after taking cognizance of offence on the basis of complaint (which generally do not take place due to jurisdiction), may seek permission to travel to your state to take you into custody on the basis of warrant issued by the local magistrate.

But they have to inform local police of your town before making any such arrest.

2. On what basis can police arrest us?

They have to be satisfied about the offence first, but since ther is a police pressure in the background, that can become the basis.

3. How many days does it take for regular bail.

You may try for anticipatory bail instead of surrendering and getting enlarged on regular bail.

This may take one week time depending on the circumstances

4. My mother has recently got a bone (L2) of her spine fractured, and is on bed rest for some months.Can she be arrested?

Law is common for all, but be relaxed, the police generally dont travel from one state to another on such petty and matrimonial disputes to make arrest.

We ha e not taken any money nor any gift item on, before or after marraige from them. Nor have we ever demanded. Arey there any chances of arrest?

All these things are to be discussed during trial and not now because the police will not listen to your version.

They will simply file charge sheet and forward the same before court.

There is no direct arrest in the case of 498A as of now, you will just receive a notice to comply with the investigation.

It takes a day or two to get the regular bail.

If the complaint is filed and the FIR is lodged then you may go for FIR quashing, the same is usually quashed by the High Court w.r.t. to the elderly members of the family.

Regards

There are no chances of arrest in the facts as illustrated by you.

regards