Wife distrubing

Querist : Anonymous (Querist) 12 July 2022 This query is : Resolved
Due to long saperation with my wife, I have filed divorce case after 4 years of saperation.
During pendency of divorce, my wife has come to my house and threaten to me with abusive language & go to PS.

Thereafter, she lodged a complaint u/s 498A alleging that I have torture upon her at my house.

Can wife came to my house during pendency of divorce ?
I think she has came to my house to file 498A case.
Can 498A case lodged under above circumstances ?

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Quick Summary

A man who has filed for divorce after a long separation is concerned about his wife entering his home and threatening him. She subsequently filed a complaint under Section 498A of the IPC, alleging torture. The user is asking if his wife can legally come to his house during divorce proceedings and if a 498A case can be lodged under these circumstances. Legal advice suggests consulting a counsel and potentially seeking anticipatory bail if an FIR has been registered, as arrests are not routine for such allegations.

kavksatyanarayana (Expert) 12 July 2022
Whether it is fact or not, she can lodge a case u/sec.498A. But you can file a petition that she is threatening you to file a case under IPC 498a. Consult your counsel.

SHIRISH PAWAR, 7738990900 (Expert) 13 July 2022
Hello,

You have to get anticipatory bail if FIR is registered.

P. Venu (Expert) 15 July 2022
There is nothing to be alarmed. At present arrest on such allegations cannot be made as a matter of routine.

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