You may also file for anticipatory bail before the sessions court having jurisdiction at the police station wherein your wife may give allegation against you though to confirm your anticipation you should file for bail after any formal complaint is given against you before the police station.
Contested divorce case
In case of contested divorce I anticipate that my wife gives false allegations to my aging parents and seek anticipatory bail so that they are not harassed; will I get the bail from any local court where my parents are residing ?
Asked 5 years ago in Family Law
Religion: Hindu
27 Answers
In case you apprehend that your wife may file false 498 A and DV cases, obtain Anticipatory Bail for you and your parents from the District Court in which your parents are residing.
Anticipatory bail has to be applied for in session court in city wherein FIR is filed against you and your parents
Unless and until FUR is registered you can not apply for anticipatory bail.
The application for anticipatory bail will have to be filed in the Sessions court or the high court which has territorial jurisdiction over the Police Station wherein the FIR is registered.
So prepare accordingly.
First check, what types of false allegations are raised or going to raise in future by your wife according to that it can be applicable to take bail or anti bail or not to take any bail etc.
- Until your wife files a complaint against your parents before the Women cell or magistrate for lodging an FIR , there is no requirement for getting anticipatory bail.
- Since, the divorce petition is going on then for proving her case she can depose against your parents.
- Even you will file an anticipatory application for bail , then court will not allow in the absence of an FIR , and only on apprehension.
power to grant anticipatory bail vests only in the High Courts or the Courts of Sessions Court wherein FIR/COMPLAINT is filed.
An anticipatory bail application must be filed for the safety of your parents and siblings if she files a complaint. You may get anticipatory bail from the district court or the high court.
You may have to apply for anticipatory bail from the jurisdictional district court or high court only.
In divorce case, no one be arrested. You should be arrested if any criminal complaint is filed with congizable offences.
Dear sir,
In such situation you have to file an application for anticipatory bail and not regular bail.
Generally, the application for anticipatory bail is filed in the High Court or Court of Session within whose jurisdiction the cause of action arises or the offence has been committed or the case has been instituted. However, a lot of High Courts have held that in exceptional circumstances, the application can be filed at the place of residence where arrest is anticipated. There should basically be a satisfactory reason and such reasons should be proved sufficiently before the local court.
You need to first take anticipatory bail for the same later regular bail after filing of chargesheet
If a wife leaves a husband and stays away for more than 2 years then does the law of dersertion applies on her too?
Asked 5 years ago
Yes.
for desertion sepration period is at least two years.
Yes law of desertion applies in above case
Yes . It amounts to statutory desertion.
The law of desertion applies after 3 years.
1. File for Restitution of Conjugal Rights and the court will send notice to her last known address provided by you.
If the notice can't be served on her, give a public notice in local language along with English language newspapers.
2. Then if she does not respond to the RCR case, you may get ex-parte order in your favour.
3. Based on favourable order of RCR, if your wife does not join you, then her refusal to join you itself can be a very good ground for obtaining divorce from her.
4. Since she has abandoned you voluntarily, there may not be any need for you to pay her maintenance/alimony amount.
5. Based on her abandoning you in your marital life, on that ground, file for contested Divorce and since she may not going to attend divorce proceedings, inspite of repeated notices sent to her alongwith publishing of Public Notice in local language and English newspapers in her place, the Court may likely to grant you ex-parte divorce.
You can file for divorce on grounds of desertion if wife has refused to stay with you for continuous period of 2 years
Yes,Definitely you may apply regular ABA before District and Sessions Court under who's jurisdiction the Police Station comes for enforcement of Bail Application.
Yes, if spouse stays more than one year away from spouse Justified and qualify for the ground of desertion .
Yes, the husband can file a divorce petition on the ground of desertion against the wife.
If the wife or husband deserts each other, then either of the party can file a divorce case on the grounds of desertion.
Law of desertion applies on husband on this case.
Yes bail can be granted.
1. You need to file anticipatory bail for your parents in the session of court of district where the FIR is lodged against your parents.
2. Yes law of dissertion apply on wife also.
AB can be obtained from the concerned Sessions Court / High Court.
Yes, if a spouse stays away from the other for more than two years is liable for dersertion.
- Under the Hindu Marriage Act, Separation is a ground of Divorce, if the husband and wife have been living separately for more than two years at the time of filing petition.
- Further, if the separation is more than 2 years period, then even without a reason, is a ground for a Divorce decree.
- You should file a divorce petition before the court for getting the Divorce legally, on the ground of long period separation & Cruelty.