• 498a and 406

My matrimonial dispute is going on in delhi and now women cell procedure is over and my wife is demanding to register the case. Now can u pls tell me that what all steps are left now for police to send the case finally in court and when should I go for bail if FIR gets charged and whether FIR would be lodged or not as my wife has no evidences for such sections she charged against me.
Asked 4 years ago in Criminal Law
Religion: Hindu

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18 Answers

Best is settle it across table with your wife.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Since if there us no compromise in police station the police shall lodge the fir ans send the matter to the district family committee constituted by Supreme Court guidlines , the said committee shall issue you notice mediate between you two and prepare a report. Before report there is no arrest now so donot worry.

You can apply for AB and persue with case so IO finds no evidence to effect the charges can be dropped

Kindly refer complete judgement and guidlines.

http://www.livelaw.in/breaking-misuse-of-s-498a-sc-directs-to-form-family-welfare-committees-to-examine-each-cases-no-arrests-before-committees-report-read-new-guidelines/

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Better to take anticipatory bail for any such problem and let the police investigation go on.

If the cooling period is over you need to file the divorce petition.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Try emailing her and settling it across table and convert contested divorce to mutual divorce

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Hi,In the Delhi, the Permission of the DCP is very much required for the registering the Case under 498/A. So plz verify it either in the Court or Police station that whether the police has registered the FIR and if they registered the FIR then you have to approach the Court for Anticipatory Bail.

Pradeep Bharathipura
Advocate, Bangalore
5395 Answers
310 Consultations

4.5 on 5.0

1) if reconciliation fails FIR woukd be filed against you

2) Police would issue you notice to record your statement

3) you can then apply for AB before sessions court

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Your mother should file suit and seek injunction restraining you and DIL from disturbing her possession of the house

2) wife cannot claim any rights on property standing in name of MIL

3) you should apply for AB in sessions court

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

The police shall inform you through phone also and a notice shall be sent to you if your wife know your rented place the same address can be used.

Also you can contact the concerned police station to enquire the status of FIR.

Sir it is least chance that both police and District Committee Formed would submit report without your presence than also dont take chance based on complaint obtain Anticipatory bail.

No Sir District Committee is not Crime Against Women Cell it is Separate Authority constituted by court to review the case of matrimonial dispute on receipt of complaint either from police or magistrate they shall communicate with parties that is they send a notice to you to be present and then prepare a report.

First take anticipatory bail, then contact your wife through police and handover or deposit her complete luggage to police and take endorsement of police and her that her all goods are returned by you.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1/ Once mediation fails the Police registers FIR a copy of which is supplied free of costs to the complainant while the accused person can apply for its certified copy from court.

2. Once FIR is registered you are likely to receive a copy of notice under section 41a of crpc from police containing the case details.

3.You can inform the police expressing your willingness to return her articles.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Dear Concerned

Please note that if the FIR is registered you will receive notice under section 41A of the crpc and you will have to report to police station and join further investigation. The day you get the information on registration of FIR , you may choose to file Anticipatory bail and you will get it. When the police calls you for enquiry under 41A , propose to return her stuff which is with you - get it documented. (will come handy at a later stage).

Best of Luck

Atulay Nehra
Advocate, Noida
1282 Answers
58 Consultations

5.0 on 5.0

It is for the police to see for the availability of evidence to register FIR.

If they register FIR then you may have to obtain AB first and then challenge her false allegations in the trial court accordingly.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

First of all you concentrate in your divorce cse.

Since it is your mother;s house, it is not her matrimonial home

She can claim matrimonial home only in the house where you curretnly reside.

If she is asking for residential rights she can be show your rented house where you now reside, if she is not willing to come there you can inform the court about it and let the court decide.

.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Hi

Leave all the complications you mentioned here.

If FIR is filed against you then you will come to know for sure.

Then you can take the defence that this FIR is just a reverted action of the divorce case you filed.

Her all the items can be submitted to the court and court will give them to your wife.

In all donot worry. If FIR is filed you will easily get bail (if some other criminal charge is not put on you like 377 IPC or something).

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Hello,

You must obtain an anticipatory bail at the earliest in the present case, because it is highly likely that the FIR will be lodged at any point of time

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You will get a notice of 498A for appearance before the police, in case the FIR is lodged and thereafter you may obtain the copy of the FIR.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

you should prepared with the anticipatory bail order in order to avoid the arrest whenever the FIR will be lodged against you.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

Respected sir ...

If an FIR will be lodged against you than you will be automatically summoned by police they will cal you fir the counciling and might for settlement ...When you got to know that an FIR has registered just go to your court of jurisdiction and apply for anticipatory bail ...In These type of pety offence court Will easily give you bail.

If you want the opposite party on there knees then just hire a good advocate ...They will automatically on there knees and under pressure and will might compromise with you in these cases...

Thank you

Dinesh Sharawat
Advocate, Delhi
1258 Answers
12 Consultations

4.9 on 5.0

You can apply for anticipatory bail before filing of FIR by your wife. You can also do that after FIR Registered. Later police will file chargesheet in the matter and trial will commence.

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

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