498a dpa 3/4 case

Querist : Anonymous (Querist) 30 January 2018 This query is : Resolved
Dear Experts,

Last month my wife, her family members and some rowdies did theft in my home (my absence ) and same day they kidnapped me, regarding this I have registered case in PS.

After one month she filed 498A DPA 3/4 on me and my family members. Here police without any call, notice or primary investigation they registered FIR against me and my members ( from day one we living separately ).

1) Unnecessary my family members getting suffered?

2) How to face police ?

3) What is the checklist to prove misuse of 498a at PS level?

4) My wife and� her family members are already accused in both theft and kidnap case?

5) What is my rights as per new rule of SC?

Plz advice

Follow Query

Report Abuse

Sudhir Kumar, Advocate (Expert) 31 January 2018
You nowhere stted what did your wife steal. for theft rowdies are not needed. They are needed for robbery. Who were these rowdies.

In most of the cases the estranged wife is denied streedhan and has to force her way in house to get the same and her family members helping her are generally described as "rowdies" (atleast in South Asia)

Hope your case is not the same.

You have asked some specific questions.

Sudhir Kumar, Advocate (Expert) 31 January 2018
Here police without any call, notice or primary investigation they registered FIR against me and my members

NOT REQUIRED.

Sudhir Kumar, Advocate (Expert) 31 January 2018
( from day one we living separately ).

NOT A BAR FOR REGISTERING SAME CASE. DOWRY DEMAND AND TORTURE AND DOMESTIC VIOLENCE (As described in law) DOES NOT REQUIRED PHYSICAL COHABITATION.

Sudhir Kumar, Advocate (Expert) 31 January 2018
1) Unnecessary my family members getting suffered?

ONLY FULL FACTS CAN REVEAL WHETHER YOU ARE SUFFERING "UNNECESSARILY" OR NOT

Sudhir Kumar, Advocate (Expert) 31 January 2018
2) How to face police ?

BY TELLING TRUTH

Sudhir Kumar, Advocate (Expert) 31 January 2018
3) What is the checklist to prove misuse of 498a at PS level?

THERE IS NO SUCH CHECK LIST

Sudhir Kumar, Advocate (Expert) 31 January 2018
4) My wife and her family members are already accused in both theft and kidnap case?

GIVEN FACTS SHOW NO RELEVANCE OF THE SAME

Sudhir Kumar, Advocate (Expert) 31 January 2018
5) What is my rights as per new rule of SC?

IN CASE OF DOWRY DEMAND YOU HAVE A RIGHT THAT YOU CANNOT BE ARRESTED UNLESS A POLICE OFFICER OF SUFFICIENT RANK DECIDES SO. THAT DOES NOT MEAN THAT ONE CANNOT BE ARRESTED.

That does not mean that a police officer (atleast a constable ranked) cannot call you in police station.

However, police can pick any sentence from complaint and dig out any other cognizable offence and pick up you all without any notice.

So such advise (which you will get plenty) need not be stretched as iron armour.

You can seek anticipatory bail.