Dear sir, After 2years of passing away of my first wife due to sudden terminal illness, i got married to a widow of 5 years. I have a child of 5 years and she have of 7years. Before the marriage, she had assured me that as her daughter is staying with her parents for last few years, she is planning to keep it like this in near future and as she is working woman of 7years, she along with her parents and in-law will manage her children. But within 1 months after marriage, suddenly she shifted her child to study at the town, where she works. (I works in different city i.e Mumbai) after that she was continuously forcing me to legally adopt her child, which I disagreed. This dispute was going on for 1 year and thereafter she started behaving violently with my family,when ever she visits me (for few days). I tried to pacify her by different means but it couldn't give any results. Even counselling by Police also couldn't solve this complex issue. It so happened that she threw me & my family out of my rented apartment in Mumbai. She had put complain to Mumbai police as well. So I filed for contested divorce before Mumbai family court. Now being native of Raipur, she have filed some complain to the Raipur Mahila Thana, which exact details I am not aware of. In this situation, do I need to get Anticipatory Bail from Raipur court for any precaution. (For kind information, As Mumbai police was already in loop for last 3 months, they know very clearly that I have never demanded dowry from her as well as she herself had told to Mumbai police that I had never beat her.
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If she has just put the complaint in Mahila thana for domestic and matrimonial issues then you will be summoned by them for mediation.
at this stage their is no need to obtain AB.
however, if you get the details of the complaint and if you gain the knowledge that FIR has been lodged then you may go ahead and file a AB.
Regards
There is no need to file for anticipatory bail now. you should only file for anticipatory bail once any FIR has been registered against you, if any.
In all likelihood, she would have filed complaint for dowry harassment against you at mahila Thana, Raipur
The complaint must have been lodged at raipur court and therefore engage a lawyer who will find out about the contents of the complaint and the sections slapped upon you. Then you can apply for anticipatory bail.
You need to file for anticipatory bail application in session court for the same. You will get the ABA
1) it is only after FIR is filed against you di you need to obtain AB from sessions court in Raipur
2) there is no automatic arrest
3) police would issue you notice to record your statement
4) the objective of women cell is to help in reconciliation between parties
5) you don’t need to bow down to pressure tactics and adopt her daughter
No. You need not go to Raipur to seek Anticipatory bail. You must file ABA before the district court where you stay (Mumbai sessions court if you are in Mumbai; thane sessions court if you are in Navi Mumbai)
You have to apply for and obtain anticipatory bail if FIR gets lodged under 498A/406 IPC and notice is served to you under 41A Cr.P.C.
See since the complaint is filed before the Raipur police station you can obtain an Anticipatory bail from the jurisdictional district court based on her complaint to avoid arrest.
Though you may wait for FIR or notice to be served upon you.
Don`t mention of complaint file in Raipur and apply for AB in mumbai. On the apprehension of fasle FIR may file by wife.
As before going from Mumbai to Raipur, she had already submitted written complain in Mumbai & all the event occurred in mumbai, can she files another (different) complain in her Native place,Raipur, chattisgarh.... Moreover as the I/O of the local police in mumbai was already in loop for three months and he know very well that it's is not a case of dowry and beating etc(she herself had told this to Mumbai police ).... Can Raipur police could write FIR on its own or they would consult Mumbai police for investigation.??.... Can I take AB in mumbai court or it would have to be taken from Raipur court???
You have to obtain AB in Raipur if FIR is lodged in Raipur
2) SC has held that dowry harassment case can be filed by wife in her native place even if cause of action has arisen in another city
Raipur police can lodge FIR on its own, but before lodging FIR they will contact you first where you can tell her that her complaint in the Mumbai police station on same ground has been closed.
You will have to take anticipatory bail from raipur Court.
If you have any reason to believe that your wife may file a dowry case or dv against you, you should immediately apply for an anticipatory bail. Once you get an anticipatory bail, you will not have to spend a single day in police custody.
You have to apply AB in jurisdictional court where FIR lodged.
See FIR is not filed in Mumbai so though the complaint can be filed.
Though this can be taken as ground in quashing.
The raipur police can file FIR on their own. You have to take Anticipatory bail from the jurisdictional session court where FIR can be filed.
If you take aba from mumbai hc it will valid in Maharashtra. If it's other state you need to take transit bail from mumbai court and take regular aba in Raipur session court
1. No need to take any action now as police cannot arrest you directly in this case.
2. They will serve you notice for appearance before Investigation officer.
3. As she is currently living in Mumbai her complaint in Raipur will not be maintenable but for that you need proof that she is not living in Raipur or plan to stay there in near future.
The raipur police has a different jurisdiction and hence you have to take anticipatory bail in raipur separately. The cases registered in raipur would have to be fought in raipur.
The io may see the final report of the Mumbai case and act accordingly.
Whatever defence you may rely upon may have to be taken before the trial court alone, there is no point in trusting the police on this./
The police will simply register the complaint and will forward it to the court after making arrest.
Hence you may better obtain AB and then Challenger her false case in the trial court.
The police in Mumbai knows about this case and have recorded your statement as well her statement. However this has nothing to do with the Raipur police.
The "Raipur police ma not be interested to obtain any evidence from Mumbai Police,
they will proceed as per law on the complaint lying before them.
However you may gather the documentary evidence from Mumbai police in order to defend your interests during the trial proceedings in a court in Raipur on the basis of her complaint.
you may have to go to Raipur for obtaining AB and not in Mumbai
She can file and will transfer in Mumbai.
ON same facts, if FIR filed than court will quash it.
Take AB in Mumbai.
Dear Sir,
Steps to get an anticipatory bail
How to get an anticipatory bail?
Follow these 7 steps to get anticipatory bail:
After the above procedure, there are two situations that may prevail:
Conditions based on which the anticipatory bail is granted:
For how long is my anticipatory bail valid?
Once you get an anticipatory bail, it normally remains valid till your case is completely disposed of. However, in few cases the court decides the time period for which the bail is granted. If you have an anticipatory bail, you do not need a regular bail unless the court orders arrest.
What to do if my anticipatory bail is rejected?
If your anticipatory bail application is refused in Sessions court, you can approach the High Court or further to the Supreme Court.
