Rahul (Tele Caller) 19 September 2009

498/DVA

Hi members,

Husband ready to fille divorce case on the bases of cruelty. because his wife and her parents always say that we engaged ur self and ur family in false dowrey case if u can't do the things as our bitiya wants. Husband checked with all the police station that there is no police complaint agst him and his family members. Can is this enough to get anticipatry bail in this matter. Or give any other way to get anticipatry bail because if husband fille the divorce case then wifes family of lawyer can fille a false 498 so for that senario husband want anticipatry bail for himself and other family members aswell.

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9 Replies

(Guest)

If husband files divorce petition in the court stating all facts then he will be on safe side.

Deekshitulu.V.S.R (B.Sc, B.L) 20 September 2009

For you information Anticipatory bail can be taken provided there is a case registered. Hence there is no such instance in youor case. But it is advised that better file a petition for divorcce or for RCJ so that the husband can use the same as a good defence if any case is filed by the wife.

Alternatively file a complaint before the police stating that the wife and her parents are harassing you and thretening you with criminal actions

Ramesh babu (civil and criminal) 20 September 2009

Mr. Raghul ,1st you file and get anticipatory bail . Eventhough FIR is not filed u can file for Anticpatry bail. You will get order like "Petition enquiry" or "no Petition pending". You should mention that divorce petition is pending before the court name and case no. Take care.

Rahul (Tele Caller) 21 September 2009

If wife & his parents already lounge a false complante against me or my family then wt should I do. Then also I have chance to get anticipatory bail. or what is the way to get safe

(Guest)

You can not get anticipatory bail. Please take advice from the Lawyer.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com) 22 September 2009

Complaint case could be filed in the court also and in that case u will not found any FIR till warrants is issued. So check the local courts also where she resides. Else you can get anticipatory bail first.

Good luck

Rahul (Tele Caller) 22 September 2009

Dear Members,

I file an RTI & got that there is no Complaint agst. me & other family members. Yestarday I got wronge information from one of my relative who is misunderstand the reply of RTI.

Now what there is no complaint agst me and other family members in my local police station & my wife's residence local police station. She still threat & quarrel.

(Guest)

My dear Rahul, I think you are under confusion state. Just threatning and quarrel is different from lodging a complaint in the Police station. I suggest you sort out problems in peacful way.Good Luck.