Police has to issue notice to record statement under section 41A of cr pc
2) there is no authomatic arrest
3) apply for and obtain bail from trial court
Filing a case of harrasment
Hai Sir/ Madam, This issue is regarding my uncle who was abroad for about 7 years. When he came back he found that his wife was having an extra marital affair for which the clash has took between both wife n husband. Now my uncle had applied for divorce where the 4th hearing was on 22nd of Feb'19. Now my aunt has lodged a harrasment complaint against all my family members. Now police is also going to take of my family members into custody with out any formal enquiry. What can I do here I request you to pls suggest here.
Asked 7 years ago in Family Law
Religion: Muslim
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15 Answers
All family members can approach sessions court and can take an anticipatory bail so that no arrest is there
Further once the FIR is filed all family members can approach the high court for quashing of.the FIR
1) If your aunty has filed 498a case against whole family than kindly check with police officer they are going to register FIR against whole family.
If yes than you have to take anticipatory bail against whose names are involved in FIR.
Can my aunt file a harrasment case even when the divorce case is in court. Both my uncle and aunt are been living separately since 8 months. No call no meeting at all. Despite of this also can shw still file a case
Asked 7 years ago
See she can file case but on ground that this case is filed after divorce only to harass and further they been leaving separately can be ground and your family has no role such grounds can be taken for quashing.
Harassment case can be filed even after staying separate for 8 months
Yes, she can file case however you all have to deny all her false allegations.
you can obtain the Anticipatory bail from the court.
Living together not essential to file case under domestic violence act,
1. The case seems to be under section 498A IPC and it can be filed at any point of time and during the pendency of the divorce suit as well.
2. However there is no nothing to be worried about this at all as you must apply for anticipatory bail which is allowed quite generously nowadays.
3. So apply for it and if there is merit in the case then you can try your luck by filing quashing case as well.
Dear client,
Approach HC for squash of FIR against family members and anticipatory bail for uncle.
Pendency of diovrce petition has nothing to with filling FIR.
Dear Sir,
You can easily get anticipatory bail so also your family members. For any allegations of harassment must be reported to be police within a reasonable time that is upto 30 days. you may even challenge such FIR if any and get quashed.
First take Anticipatory bail for all the relatives who are named in FIR. Then you can proceed with the said proceedings without being arrested
Till Divorce order in hand, she has legal right to file the case.
Understand from your message, Police can not take custody without enquiry. Have all supported evidences which can be proved that not even a one conversation between you all with her. Take the lawyer along with you, in case you all call to Police station for enquiry. Dont worry, it is quite normal, she is acting as per her lawyer advise to make deal with you.
Your family members should first obtain AB and then challenge the false complaint against them in the trial court.
Such things are common that the police in the name of FIR, without enquiry may implicate all those accused in the FIR and may try to arrest everyone to show their gratification for the consideration received.
She can file any case, even though she knew that they are false, this is just to retaliate his divorce case and other issues.
The divorce case has nothing to do with the criminal complaints