combattant (IT) 20 October 2018

Got a notice from women police station

Hi Experts,

Due to some differences between me and my wife we had decided to file for a MCD. My wife then moved out of matrimonial house without any fight or anything (I never forced her to leave). Till last minute we had discussed and aggreed that even after separation we would take care of our kid together and we will not allow our separation to impact our kid. However, wife stopped taking calls from me or my family and refusing to allow me to meet my daughter. Also, immediately she filed some complaint in Women's police station in Bangalore (that's where we live) against us (I and my parents) and we got a notice to appear there on a specific date. Now because of this sudden change in her behaviour, we are fearing that she had pre-planned this to harrass us by misusing the women protection laws and she may go to any extent like false DV/498a cases just to harrass us.

Now my question, is it safe to appear before the police without AB (which we may not get before the appearace date because of holidays)? As I understand from lawyers that she may ask police to convert the notice to 498a or may play some dirty tricks to get us arrested without any evidence?

Is it okay NOT to appear thana on the specified date and requst them to postpone the date of appearance (so we can get our AB by then)?

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5 Replies

Adv Deepak Joshi +917017821512 (Advocate) 20 October 2018

Dear querist,

No one arrest can you in routine manner, police has to follow due course.
Regards

Deepak Joshi & Associates

Mb/whatsapp +919456777600

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combattant (IT) 20 October 2018

Originally posted by : Deepak Joshi
	No one arrest can you in routine manner, police has to follow due course.

Thank you for the prompt reply Mr. Deepak. I know legally they may not be able to do so, but somehow I still fear that wife may bribe them or they may play some tricks to extract money and try to arrest. No offence to anyone, I trust laws in India, but isn't that possible?

Anish Thakur 7018812737 (advocate) 21 October 2018

just go and represent yourself there , the supreme court had made mandatory in arnesh kumar versus state of Bihar that compliance of section 41 of crpc is mandatory . feel free to call. and one more thing limitation to file.complaint under domestic violence act is now 1 year.

combattant (IT) 21 October 2018

Originally posted by : Anish Thakur 9459321520
	just go and represent yourself there , the supreme court had made mandatory in arnesh kumar versus state of Bihar that compliance of section 41 of crpc is mandatory . feel free to call. and one more thing limitation to file.complaint under domestic violence act is now 1 year.

Thank you so much for your response Mr. Anish. However, just to safeguard ourselves from misuse of power (of police) to arrest and harrass us, would you advise asking the postponement of appearance date and trying to get an anticipatory bail in the mean time? Is requesting postponement of the appearance date going to make any negative impact on my case?

Anish Thakur 7018812737 (advocate) 21 October 2018

there is no provision or arrest in offences having punishment less than 7 years however until there is suspision of escape of accussed to some other place or hide.

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