expert opinion needed

Querist : Anonymous (Querist) 01 December 2010 This query is : Resolved
Question from Husband's side.
1)Whether a wife can file a complaint in women cell even after leaving the husband and living separately since 2 years?
2) whether husband can get arrested on such a frivolous complaint?
Wife having extra marital relations and to hide such henious act,she filed complaint in women cell,delhi
3) She also filed false case in DV act.

Is such a time gap ,help husband in such a case.
How to deal with situation? Expert opinion needed.

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adv. rajeev ( rajoo ) (Expert) 02 December 2010
She can file a complaint by giving false statement even after residing seperately since 2 years. They are police they don't think and they even don't make proper enquiry may arrest the person against whom the complaint is lodged.
You have to prove it that she is living seperately since 2 years.
If you are in threat of arrest, apply for the anticipatory bail.
In DV cases you will not be arrested.

Guest (Expert) 02 December 2010
I do agree with Mr Rajeev. If complaint has been lodged or police registered the case in non bailable offence immediately move anticipatory bail application in Sessions Court.... Consult the lawyer of your area.

Advocate. Arunagiri (Expert) 02 December 2010
Do raise query regarding making a false statement. If you have already made a false statement by mistake, we can suggest. We can not suggest you how to make a false complaint.

Ajay Bansal (Expert) 02 December 2010
do.

Uma parameswaran (Expert) 02 December 2010
She can also file under DV Act.

s.subramanian (Expert) 02 December 2010
yes

Devajyoti Barman (Expert) 03 December 2010
yes

Arun Kumar Bhagat (Expert) 11 December 2010
In a criminal case false statements are bound to be made to bring ingredients of the offence. That is why the criminal case starts with evidence and civil case begins with pleadings.

Querist : Anonymous (Querist) 13 December 2010
Nice views of Adv. Rajoo, Arun Bhagat

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