• Threat of FIR and arrest under 498A

My elder brothers wife and her family are threatening to file a FIR at Raipur under 498A for dowry harassment against my entire family including my parents (residing in Gujarat), my younger brother (working in Delhi), my sister and her family of 4 (all residing at Rourkela) and my wife and I (both posted at Allahabad). While there is discord and disharmony between the two, rest assured that dowry is not the reason for it. Their marriage is 22 months old. We are told that we will all be arrested and the only way out is to give up a third of the substantial ancestral property in Gujarat. Kindly advise if:-
A) we can apply for anticipatory bail;
B) as my BhabhI is a an employee of a PSU, can she legally claim by brothers share of the ancestral property;
C) what should be the course of action when the FIR is indeed filed.
Asked 1 year ago in Family Law from Allahabad, Uttar Pradesh
Religion: Hindu
1) only if FIR is lodged all family members should apply for AB 

2) your bhabi has no claim in husband share of ancestral property . 

3) if brother and wife residing in raipur and none of family members residing with them there is no continuous act of cruelty . your parents are not residing with your brother and his wife .AB would be granted by court 

4) dont bow down to blackmail tactics
Ajay Sethi
Advocate, Mumbai
23211 Answers
1218 Consultations
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1) as pr supreme court judgement police has to issue notice under section 41 A of CR Pc to accused . record his statement . carry out investigations . submit report to magistrate 

2) police will not arrest you immediately 
Ajay Sethi
Advocate, Mumbai
23211 Answers
1218 Consultations
5.0 on 5.0
1. No this is wrong. You should apply for anticipatory bail to preempt your arrest. You do not have to transfer your property.

2. Your bhabhi has no share in the property, ancestral or self purchased, of her husband. Her only right is to reside in his property.

3. Apply for anticipatory bail immediately lest you find yourself behind bars. Police is at liberty to arrest you the moment the FIR is filed.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Hello,
A) Yes, you can apply for anticipatory bail and it would not be very difficult to obtain bail.

B) Whether or not your sister in law   is a an employee of a PSU, a wife has no right in the property of her husband under Indian laws.

c) You can move for Anticipatory bail once the FIR is filed as you will get notice from the police regarding the FIR. Report to the police only after obtaining bail. Contest the case on merit by engaging a lawyer locally.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Hi, as per the latest Supreme Court ruling the police will not arrest you immediately in the 498/a case, first they have to verify the genuineness of the Complaint and then only they have to register the complaint.

2. Secondly after register the complaint they can't arrest you immediately they have to issue a notice to you so you have sufficient time to apply for anticipatory bail.

3. Once you get the anticipatory bail then police will not arrest you. 

4. If you want any kind of settlement then it has to done by through the process of the court only.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
Dear Querist
my opinion on your queries are as under:

A) we can apply for anticipatory bail;
Opinion: yes, you may file the anticipatory bail if you want and if there is any apprehension of arrest in Chhatisgarh High Court or session court of raipur.

B) as my BhabhI is a an employee of a PSU, can she legally claim by brothers share of the ancestral property;
Opinion: Wife is not entitle to get any share in the property of husband or from his ancestral property.

C) what should be the course of action when the FIR is indeed filed.
Opinion: file anticipatory bail or quashing petition before high court.

Police will not arrest immediately as per the Judgment of Hon'ble Supreme Court in Arnesh kumar vs state of Bihar
Nadeem Qureshi
Advocate, New Delhi
3530 Answers
130 Consultations
4.9 on 5.0
A) we can apply for anticipatory bail;
If she lodges a criminal complaint   with a local police, and  a FIR has been registered  then you  may apply for AB.

B) as my BhabhI is a an employee of a PSU, can she legally claim by brothers share of the ancestral property;
Whether  she is an employee or not she cannot claim a share in the ancestral property or even her husband's self acquired property also as a legal right. 


C) what should be the course of action when the FIR is indeed filed.
Obtain AB and then challenge her case. 

Is there a provision that the police will arrest immediately on filing of FIR and there is no legal provision for out of court settlement
No, the police will first summon the accused and then only if need be they may arrest.
T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
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