DV against husband

Rare (Querist) 05 September 2016 This query is : Resolved
Sir,
I am from andhera Pradesh.
My wife filed a case under DV in the year of 2013 .
I got arrested and got bail.
I dont know why Police mentioned my name wrongly in the FIR

When i was arrested , me and my wife were staying together. But police mentioned some different address as my address where I never stayed.

After I got a bail I relocated to another city.

After a year My wife visted me and stayed 2 days with me also told me she withdrew the case( we are not living together after she filed the case).
but Recently I came to know that she was telling my relative that she didn't withdaw the case and court has issued NBA against me.
I didn't receive any warrant (if she is talking the truth) as police mentioned wrong address and wrong name in the FIR.

(The reason for filing the case is : She didnt want me to stay with her . So she asked me to leave the house. I refused so she filed DV.)

If she is telling the truth(that the case is not widthdrawn ) , Now what should I do? . Please advice me in detail as I don't know what should be my next reaction.

thank you sir

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Guest (Expert) 05 September 2016
Mr. Rare,

You have not been able to make a good base of the story of your academic query.

If there is any truth in your story, why did not you take help to solve your query from the lawyer you hired to get you bail in the case?

Nadeem Qureshi (Expert) 05 September 2016
Dear Querist
you should engage a lawyer and search the case status from court and if there is any warrant against you then file an application before court for recalling the warrant and fight the case on merit.

But i don't think that this is DV Case because in DV case there is no procedure for arresting and bail until and unless there is any violation of protection order passed by the court and court issue warrant of arrest.

Feel Free to Call

Rajendra K Goyal (Expert) 05 September 2016
Discuss and take help of local lawyer to know exact status / proceedings of the case and if not withdrawn, proceed to get cancel any warrant if issued.

Kumar Doab (Expert) 05 September 2016
What is the opinion of your own counsel!

Rare (Querist) 05 September 2016
Thanks sir. For your reply.
I may go to forrign country for 6 months.
Will it be a problem ?
If warrant was issued,will police catch me at airport.
Caught hold of one lawyer for getting bail alone.Hoping my wife withdraw the case.

As you sugested I need to vist the city and findout a lawyer to check the proceedings.

Mentioning wrong name and address in FIR will favor me in any way ?
Even if the summon reaches my addres can I say I am not the recipient .

Thanks sir

Rajendra K Goyal (Expert) 06 September 2016
You need not visiting that city, can engage lawyer through some known person.

If police comes to know that you are going out of country, it may arrest you from airport also.

Dr J C Vashista (Expert) 08 September 2016
Pure hypothetical story.
In a complaint case u/s 12 of the Protection of Women From Domestic Violence Act, 2005 the Court has no power to issue arrest warrant or direct police to lodge FIR against the respondent(s).

In that eventuality how were you arrested and bail accepted????