• Defence against false case of DV and 498A

On this Monday night my daughter of 8 years fell from the bed while playing with me. She fell suddenly, so stuck her forehead with floor and got a ping pong ball immediately. She became panicked, I tried to calm her down but her mother created scene and insists on taking her to hospital. She blamed me for hurting my child intentionally. I examined my daughter and found nothing serious and applied cold water with fan to reduce the inflammation and in morning it became one third. In that night after one hour her mother took her to someone without asking me and return with a strip of paracetamol and fed one tablet. And in the morning left with my daughter to visit doctor. She didn't ask me to come with and threatened me to get ready to see the consequences. At 12noon I got a call from a police officer asking me to meet him as my wife has complained domestic violence. I came back to my paternal home by then. So I told him that I cannot go. He then asked me to come the next day. I agreed and called my family lawyer. He forbade me to go to PS as he could not arrange bail in that time. So, I called the IO next day and sought for time. He gave me time till Laxmi puja. Our relationship is a strained one, we live in separate place as we both are employed 80km apart. The police is threatening me to cause dismissal from my service if not meet him and the case is started. He told me that he has kept the complaint in his pocket temporarily and want to know the details. What should I do?
Asked 4 years ago in Family Law
Religion: Hindu

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14 Answers

Hello,

Your job will not be effected.

FIR has not been lodged till date and as such you may go and meet the police person.

You may obtain AB and then may visit the police station, if you anticipate arrest.

Do not worry the same will not effect the job in any way.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You will have to contact a local lawyer, you can get an anticipatory bail.

Your job will not be effected, do not worry.

At the most the department might send you a show cause notice, to which you can tender an appropriate reply.

Regard s

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Whatever the police is saying, silently record the call without informing police or your wife the threat whichever is being made towards you. There is nothing to fear you cannot be arrested.

Ground rule of getting anticipatory bail is police must serve you 41A notice CRPC, and you must mark your attendance as many times police seeks for you. Take your lawyer with you. There is nothing to worry. Police usually scares layman to extort handsome money. You may contact me, i shall guide you at your best interest with SC judgements.

Tufanganj is where the police is harassing you? If yes, i can try giving you full support

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

1)you have to deny allegations made by wife against you

2) obtain copy of FIR filed against you

3) apply for and obtain anticipatory bail from sessions court

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

file for divorce on grounds of mental cruelty

2) wife abusing husband amounts to mental cruelty

3) wife maligning husband reputation accusing him of having extra marital affair amounts to mental cruelty

4) seek joint custody of your daughter

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

1.You have stated that your wife has lodfged a police complaint alleging domestic violenve.

2. No anticipatory bail is required for complaints lodged against domestic violence and it was wrong on your part to avoid police investigation.

3. Meet the police officer who has telephoned you and explain him the event which has resualted in to the injury to your child and also that your wife is availing the opportunity to make mountain out of mole to harass you.

4. Anticipatory Bail is availed only after FIR is lodged and FIR No. is collected from the police station. You case is still in the investigation stage.

5. Your refusal to co-operate with the investigation might compel the police to register FIR againbst you based on the complaint lodged by your wife.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. You should have gone to police station as police could not arrest you without serving a prior notice under 41A Cr.P.C. There is no question of bail unless the FIR is registered.

2. Even now you should go to police and cooperate with investigation. No arrest is now possible under 498A unless a prior notice is served by police. If and when FIR gets registered and you are served notice then apply for anticipatory bail.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1. Youn shall have to decide as to what do you want from your this matrimonial relationship you are having with your wife.

2. If you decide to terminate the relationship with her, you should file a divorce suit against her on the ground of cruelty if she refuses to jointly file a mutual consent divorce petition.

3. Anticipatory Bail can be applied for if and only if FIR is registered by the Police againstb you and not without any FIR having been registered.

4. Meet the police person at the earliest and try to ensure that no FIR is registered by the police against the complaint lodged by your wife.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Sir in my view you should visit police they will not arrest you on complaint they will try to counsel so that the wife take the complaint back and you both mutually settle.

Further you can also narrate your side of story to police try that wife agrees for mutual divorce and takes complaint back.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Sir meet the local lawyer at the sessions court in your district if so is the case the session court will grant you Anticipatory bail.

Further file for divorce against your wife on ground of cruelty and seek custody of the child.

Sir this is time in police station you can settle with her and seek a mutual divorce ask for joint custody of child pay her same alimony and get out of this,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. It is not clear whether any FIR is registered or not. if not then there is nothing to worry.

2. If FIR is registered then you will have to apply for anticipatory bail and if the same is allowed then your job will not be jeopardized.

3. The issues you have mentioned are most common in marital misunderstanding a hence the same is capable of being resolved amicably.

4. So keep patience and continue good relationship with her. The difficult times will soon be overcome.

Good luck.s

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

If a false complaint is registered against you by your wife, you have two options either to defend your case and wait for the judgement or to file a counter case against your wife and prove her wrong.

Once the FIR is lodged, you can apply for anticipatory bail or notice bail.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

There is nothing wrong in attending the police station and know about her complaint and give a counter statement denying the allegations.

Since you have avoided visiting the police station from the beginning, you may better follow up the AB application and can decide to visit police station after obtaining AB.

T Kalaiselvan
Advocate, Vellore
78073 Answers
1543 Consultations

5.0 on 5.0

It is better that you file a divorce petition if the situation is intolerable and she is not stopping her blame game and cruel activities against you.

You can even file a child custody case and visitation rights as an interim relief in that same case.

T Kalaiselvan
Advocate, Vellore
78073 Answers
1543 Consultations

5.0 on 5.0

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