1)there is no automatic arrest in dowry harassment case
2) police has to issue notice to your wife to record her statement
3) she can apply for and obtain anticipatory bail from sessions court
4) there is no necessity for your wife to hide
Dear Sir, I have a query on Dowry case against my wife. I'm married to since last 2.5 years. Before to that she was living with her mothers family. Later on she moved to Bangalore along with her sister. And both sisters were living with their mothers brother. Later on mothers brother got married. My was living with them for 4 to five month. Later on she moved to PG. Her mothers brother's wife lived with him for seven -eight months and left him went to her parents home. Its been 4.5 years back. Few days back,few elder members of her family came to compromise and tried to unite them. She lived with him for thirty days and went back to parent house. Now she has filed dowry case against her husband and included my wife also in the case (A3). I have a child of 1 year old. My child was suffering from health issue. So I sent my wife to her mothers home (joint family).( Meantime, she came to know that my wife is in native place. She filed case against her). After receiving compliant with out seeking any statement from us filed FIR. Now my wife is hiding to escape from arrest. To approach for bail, police still have not submitted FIR in the court (purposefully making delay(. Since there is continuous two days of holiday. Now, my child is suffering from health problem, need medical treatment but fearing to come out from hiding because of chances of arrest. How can I go forward to bring out my wife from false case. Please advice.
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1)there is no automatic arrest in dowry harassment case
2) police has to issue notice to your wife to record her statement
3) she can apply for and obtain anticipatory bail from sessions court
4) there is no necessity for your wife to hide
Sir, four years back she was living with them. That's also for 4-5 month. After that my wife had moved to PG. She has nothing to do with their difference. After 4.5 years can they make her one of party (A3) in her case. She has not seen her since last 4.5 years
1) wait for police investigations to be completed
2) most probably your wife would be dropped from charge sheet
3) your wife can file for quashing under section 482 cr pc before HC
1)They cannot arrest anyone not your wife . So do not be afraid of the same as 498 a is not so powerful to get afraid off. remember do not go to the police station with out the 41 a notice if they call you to come to the police station simply ask the police to serve a 41 a notice and you will attain with your advocate i hope this makes you feel a bit comfortable.
2)You wife can file application for anticipatory bail in session court or in high court.
Dear Sir,
You better approach the Sessions Court or High court and anticipatory bail for your wife. She will get bail nothing to worry. Please refer the following judgment, it will helpful to you.
Wife can’t implicate distant relatives of husband in domestic violence case: Bombay HC
A senior citizen and his wife, the petitioners, had approached the court for quashing and setting aside the process issued against them by judicial magistrate first class at Panvel under the Protection of Women from Domestic Violence Act, initiated by the wife of their nephew
The Bombay High Court has recently held that the wife cannot implicate distant relatives of her husband in a domestic violence case. A senior citizen and his wife, the petitioners, had approached the court for quashing and setting aside the process issued against them by judicial magistrate first class at Panvel under the Protection of Women from Domestic Violence Act, initiated by the wife of their nephew. The petitioners were represented by senior counsel Anil Sakhare and lawyer Joel Carlos.
Justice Bharati H Dangre said, “…since the undisputed fact is that the present petitioners had not at any point of time lived in a shared household, the domestic relationship between the petitioner (senior citizen and his wife) and respondent No. 2 (the wife of their nephew) is not established and therefore the allegation about the domestic violence against the petitioners is not sustainable.”
The wife had approached the judicial magistrate in March 2013, after there was a marital discord between her, her husband and her in-laws. In her complaint, she had alleged harassment on account of the demand of dowry and certain misunderstandings between the couple. She had claimed that the senior citizens, who are her husband’s aunt and uncle, were also residing near their house and used to often visit them. She alleged that on every Saturday and Sunday, the uncle and aunt used to visit her house. At that time the husband also used to be at home and at the instigation of the uncle and aunt, along with her own in-laws, she was subjected to harassment, the woman claimed.
In March 2013, she had sought protection orders from the court by filing an application and invoking provisions of the Domestic Violence Act, 2005.
Dear Client,
This is usual approach in DV cases. Naming relatives in complain who have no proximity to victim. Don`t worry, police will not include their name in charge sheet or get their name quahsed through HC.
1. IF FIR has been registered against you wife, she shall have top apply for and avail anticipatoty bail from the Court and therafter contest the case fittingly.
2. She can also file an application before the said Court for deleting her name from the FIR since she is not connected to the matter in any way.
1. She has been added as a party in thesaid case for which she shall have to contest it after availing AB from trhe Court.
2. She has a valid ground for getting her name deleted from the FIR for being not connected with the alelged incidences.
if the FIR has been filed then your wife can file a petition for quashing of the FIR on the ground that the entire can not be implicated, as per the recent order of the Hon'ble Supreme Court.
Regards
As advised, share the copy of the complaint and immediately move to HC for getting the same quashed.
High probabilities are there that the case will be quashed.
Regards
Dear Sir,
On the cursory look on the information you have disclosed, it is found that there are so many in your case to get deleted the name of your wife from the FIR. She can anticipatory bail if FIR is filed. In some cases without FIR also anticipatory bail is available. Nothing to worry. Now the SC is very serious about police unnecessarily including the names of distant relatives in the FIR.
1. i appears the FIR is likely to be registered under section 498A ipc.
2. If there is the chance of arrest of in laws by police is almost nil.
3. If indeed she is scared of police then you may meet her and take her =back so the child si treated soon.
4. Once you know the FIR No. then apply for anticipatory bail asap.
It is not necessary that your wife has to be in hiding, the police will not arrest so soon.
Even now it is not late, you ask your advocate to file an application for AB before the high court after which the police will not disturb her since the matter is pending before court.
Whatever you want to defend can be done during trial proceedings only and not now,
For now, she has to first get enlarged on bail.
The facts can be extracted during cross examination in the trial proceedings.
There is no use discussing about such issues at this stage.
Let the case come for trial.
1. Has your wife applied already for anticipatory bail? If the answer is in negative then she should do it forthwith.
2. Police is bound to transmit the FIR to the jurisdictional magistrate as soon as it is lodged.
3. At present your emphasis should be to secure anticipatory bail. Once that is done then she can file a petition in the High Court for the quashing of FIR.
Dear Queriest,
You are starting that your wife has been accused of demanding dowry in an FIR filed by your wife's relative.
In apprehension of arrest you can file an Anticipatory Bail Application, and thereafter please wait for Police to file the chargesheet.
For any further doubts, please contact me through this wwbiswe.