• Summon received under CRPC 160

My wife wants divorce dlfrom me, and has gone to her maternal home since 10 months. now i have got summons to present at lady police station within 7 days of receiving. I am not able to present in that period. i will reach there on next day of period ending, What case she would have filed? can i get arrested for that case?
Asked 1 year ago in Family Law from Mumbai, Maharashtra
Religion: Hindu

She has filed for case for 498A so it's better to apply for anticipatory bail or call the police station and inform you cannot.come and fix another date. Get it verified by.local advocate as too what offence she lodges complaint with jurisdiction police from where you got notice and get anticipatory bail

Swarnarka Chowdhury
Advocate, Mysore
1768 Answers
4 Consultations

5.0 on 5.0

Hello,

She could have filed a case under 498a or a case under DV Act .

You should get a copy of the FIR and it is the duty of the IO to give you the copy of the same.

Hope this helps.

Regards

Swarupananda Neogi
Advocate, Kolkata
1056 Answers
2 Consultations

4.8 on 5.0

If you are unable to remian present then you have to send someone on your behalf to the concerned police station informing the police that you cannot remain present because of so and so reason. The police may require you to pay some charges which is mandatory to be paid.

Garima Anil Mehrotra
Advocate, Mumbai
51 Answers

4.0 on 5.0

She may have filed a complaint under 498a ipc , domestic violence or it could be under dowry photibition act along with other offences that can be clarified after you see the copy of complaint.

Further in view if it is possible you should go to police station on marked day if it is not possible then send somebody a day prior with a written letter to SHO police asking exemption of two days or number of day you want (reasonable) cite your difficulty in that. Make two copy of such letter one submit with police station on another take endorsement and keep with you for record.

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

You need to call the concerned police officer regarding your inability to again counselling on the set date due to your pre occupation and ask for the new date for your counselling there will be no arrest and if you fear arrest then arrange anticipatory bail

Vimlesh Prasad Mishra
Advocate, Lucknow
5485 Answers
17 Consultations

4.9 on 5.0

You can seek extension of time to appear before police station

2) wife must have filed dowry harassment case

3) obtain copy of FIR filed by wife apply for and obtain anticipatory bail from sessions court

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

You wife might have filed a complaint against you under 498a of the Indian Penal Code, 1860 coupled with Dowry Prohibition Act, 1961.

It's advisable that you give someone POA to appear on your behalf in the police station and seek another date for your appearance in the concerned Police station, also give the reasons for your non appearance.

Siddharth Jain
Advocate, New Delhi
4720 Answers
52 Consultations

5.0 on 5.0

You should also apply for Anticipatory bail for yourself and your family members as you can be arrested due to such complaints made by your wife.

Anticipatory bail is the release of a person on Bail, granted to him even before he is arrested. It allows a person to seek Bail if he/she anticipates an arrest by the law on the accusation of having committed a Non-Bailable offence.

When an Anticipatory Bail is filed, the opposing party is notified of the Bail application. The opposition party in return can file an application (with the help of a prosecutor) to contest the original application of Anticipatory Bail.

The Session Court and the High Court accept the application of Anticipatory Bail on the terms of looking at all the facts in light and studying the case in detail.

Siddharth Jain
Advocate, New Delhi
4720 Answers
52 Consultations

5.0 on 5.0

she may have filed a case for dowry harassment I think, if you have received summons from police station. If case is registered then participate in the investigation to avoid arrest.

Jai Bansal
Advocate, New Delhi
198 Answers

5.0 on 5.0

Dear Client,

U/s 160, police has power to summon witness, may be some case filed against you or any third party case.

U can call or send the reply that due to XYZ circumstances u cant attend in given time, will be there on next day at this time, no big deal.

No arrest. Can go along with some advocate.

Yogendra Singh Rajawat
Advocate, Jaipur
13088 Answers
15 Consultations

4.6 on 5.0

If you apprehend arrest you may better obtain anticipatory bail before hand and then visit the police station.

You can inform the police that you are out of state and would call on them shortly.

They will not jump into action immediately, moreover in AB application, the court will send them notice after which police will not trouble you.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

1) No you will not get arrested. Court will provide next date.

2) you can appoint lawyer on behalf of you and ask them to present in the court.

Ganesh Kadam
Advocate, Pune
7453 Answers
65 Consultations

4.9 on 5.0

Dear Client,

Not to be worried, Its just the investigation phase where by police have called you to record your statement. CRPC sec 160 gives power to police to investigate the issue.

Police may record your statement but kindly present your views in witting also and take the acknowledgment from them.

If you are unable to remain present, send the reply to police stating the reason and the convenient time when you can go to meet them.

Further you sent legal notice to your wife for Restitution of Conjugal Rights and file the case accordingly.

FINALLY- No one will arrest you. So be relaxed.

REGARDS,

EXPERT JURSIT LLP

Jyotishwar Bhosale
Advocate, Navi Mumbai
15 Answers
1 Consultation

5.0 on 5.0

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