• Separated from wife 15 months ago

I was married on 23rd feb 2017 it had been 15 months since I m living separately from my wife.I left her as she do have an extramarital affair.Her father had filed an FIR in June 2017 claminig that i cheated her showing a fraudulent salary.she had edited my salary slip and submitted it with FIR under section 467,468,471.Police told me that this matter is going towards arrest and I doubt there claim of investigating that fraudulent salary slip.I do not want to get arrested as it will destroy my carrier.How can I save myself from getting arrested?
Asked 1 year ago in Family Law from Gorakhpur, Uttar Pradesh
Religion: Hindu

hello

you should file a petition for FIR quashing and arrest stay in the Allahabad HC promptly.

regards

Rahul Mishra
Advocate, Lucknow
4310 Answers
11 Consultations

5.0 on 5.0

File petition in HC seek stay against arrest

2) file for divorce on grounds of mental cruelty and adultery

3) wife having extra marital affair amounts to mental cruelty and is ground for divorce

4) also file case of adultery against her lover under section 497 of IP and case against wife under section 420 of IPC for cheating

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

Hii

Go head apply for anticipatory bail. And appear directly.

Go head and file for divorce under crulty cheating extra marital affair. And palnnig a conspiracy against and framing you. With an alligation marrying you for money. If you have solid proof for your innocence.

Rita Rajput
Advocate, Thane
154 Answers
1 Consultation

Not rated

1. Do not worry as n case of cheating lies on the basis of such complaint.

2. if there is no forgery of public document then such charges are not applicable to you as well.

3. SO there is nothing to worry though it is apparent that the police is influenced by them.

4. So first apply fr bail which you are likely to get soon and once you get challenge the case in quashing before the high court.

5. So meet an advocate and apply for bail to evade arrest.

Devajyoti Barman
Advocate, Kolkata
17780 Answers
251 Consultations

5.0 on 5.0

You may go to the High Court for quashing under section 482. You may file a divorce petition as well .

Vimlesh Prasad Mishra
Advocate, Lucknow
5485 Answers
17 Consultations

4.9 on 5.0

Hi, it is advisable to get anticipatory bail to avoid the fear of arrest ...If they have altered the pay slip , file a quashing of FIR in high court under section 482 Crpc ... Also you can obtain directions from high court to get the pay slip anylised by an expert ..

Hemant Chaudhary
Advocate, Gurgaon
4255 Answers
31 Consultations

4.9 on 5.0

Dear Querist,

If the FIR is in the State of Uttar Pradesh then you may go for FIR Quashing and then you may get stay on arrest till filling of the Chargesheet.

Regards

Rahul Kapoor
Advocate, Lucknow
24 Answers

Not rated

1. If you do not want to be arrested then apply for anticipatory bail forthwith. This is the only safeguard against arrest and detention.

2. Once AB is obtained then contest the case on merits.

3. The onus will then be on the prosecution to prove forgery.

Ashish Davessar
Advocate, Jaipur
26131 Answers
781 Consultations

5.0 on 5.0

Apply for anticipatory bail,

Yogendra Singh Rajawat
Advocate, Jaipur
13088 Answers
15 Consultations

4.6 on 5.0

Since there is no provision for Anticipatory bail in the state of UP, you may have to approach high court for stay of proceedings in the FIR and not to arrest based on the issue of faked and forged documents they have produced for foisting this false case against you.

You can consult an advocate in the local and proceed.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

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