Hi Dear Lawyers, I have been sent a notice by Hyderabad police under 41(A) Cr.P.C and FIR lodged under s 498(A), 406, 506 IPC; sec 4 & 6 DP Act. Myself and the ex-wife have been divorced abroad since March 2021. She was the applicant in the divorce. It was a one sided divorce and now she has made a FIR in Hyderabad against myself and the family. Family includes father, mother and 2 siblings. We stayed in Mumbai after the marriage in Hyderabad for only 4 days back in 2016. Father was not even present for the marriage nor for the brief 4 days we stayed in Mumbai. Kindly please advise how to tackle this issue. Can she make a case against my whole family and for the police to send a notice against the above sections of IPC and DP Act. Thank you.
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1)you should cooperate with investigations
2) visit police station have your statement recorded
3) take the plea that you are already divorced and enclose copy of divorce decree passed by court
4) apply for and obtain anticipatory bail from sessions court
5) most probably name of your parents would be dropped from charge sheet
1)you should cooperate with investigations Already done. Mother attended Hyderabad police station and talked to IO on 17 March 2022. IO advised case has no legs to stand on. 2) visit police station have your statement recorded As advised above. 3) take the plea that you are already divorced and enclose copy of divorce decree passed by court Already handed to IO in Hyderabad police station during the visit and spoke personally to the IO from overseas. 4) apply for and obtain anticipatory bail from sessions court Is this necessary even after the attendance at the police station. 5) most probably name of your parents would be dropped from charge sheet Police have now come to visit the family in Mumbai today for further investigations. I have been advised that a LOC has been issued against my name at the airports. I want to apply for quashing the FIR if possible in my case and if Court can give relief to the family? Which Court can I approach Mumbai or Hyderabad?
In Hyderabad it is bailable offence
2)you do t need anticipatory bail
3) you should approach trial court for cancellation of LOC
4) you have to approach courts in Hyderabad as FIR is lodged in Hyderabad
Dear Client,
As per the facts which have been provided, the Court can exercise extraordinary jurisdiction vested under section 482 of the Code of Criminal Procedure 1973 primarily to prevent the abuse of the process of the court or otherwise secure the ends of justice. Basically it would depend on fact situation of each case which would enable the court after reading the complaint as a whole whether allegations made therein at their face value bring out the ingredients made therein at their face value bring out the ingredients of the offence or whether these do not constitute the offence for which cognizance was taken by the magistrate and in the later case the court would be justified in quashing the complaint.
Hope this clarifies your query and requirement.
Thank you.
Can she make a complaint means she can because the police have accepted the complaint and have issued summons to all of you.
You have to see the maintainability of the complaint and can challenge the same in the trial proceedings only if the police is not willing to accept your explanation and not doing a fair investigation.
You can collect the evidences against her and getrthe case quashed by filing a quash petition before high court if you believe that your side the case is very strong to nullify her allegations.
If you plan to visit India for the purpose of this case then it would be advisable that you obtain anticipatory bail to prevent police from arresting you.
You have to to participate in the case or even apply for AB or quash only in Hyderabad and not in Mumbai
4.if it's a non Bailable offence and you don't have a anticipatory bail they can arrest you if they want
- As per law, one sided i.e. ex-parte divorce granted from the foreign Court is not valid in India.
- Since, your family is co-operating with the I.O. of the case , then they can get anticipatory bail from the session court.
- Further, you can also move an application for getting anticipatory bail before coming to India and to stop LOC procedure.
- If you having a valid ground , then can proceed for quashing the FIR .
- Further, if she had filed the divorce petition in abroad ,then you should inform the same before the I.O. and at the time of getting anticipatory bail.
- Further, if she is not interested to live with you, then take her consent for mutual divorce as per Muslim Law.
- If she not agree for the same , then you can file a divorce petition before the court on the ground of cruelty.
- Further, your mother being a woman can also file a complaint under the provision of DV Act against her daughter in law for the said harassment.
