498A/DVA

Tele Caller

Hi,

I just wanna know  that if a wife fille a flase complaint in Police station against his Husband & relative or family mambers then she don't want to prove anything.

Is this is nonbailable offance, and immediatly Police arrest all the person who involve in complaint. Is there any wy to get ride of this kind of false complaint's.

 

I just wanna know this t

 
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Lawyer

dear Rahul,

no doubt such type of complaints are on the rise these days.

since the actual facts are not infront of us....so the only advice for u is that the police will not arrest every member without investigating the matter.

 

we can not say every time such a complaint is a frivolous one....better dont allow such a thing to happen.

 

one more thing consult some local lawyer with details facts in hand.....legal advice can not be given merely on presumptions and assumptions.

 
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Police is under obligation to take cognizance of the cognizable offence based on the allegations set out in the complaint by the wife.  These days, however, several states have issued circulars in such matter to investigate first and then register the case. 

Vishwa Arya

 
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Legal Consultant / Solicitor

 But there is standing orders for the police officials to file a FIR under sec 498 A , they need to investigate and to obtain permission from the Asst Commissioner/DSP for taking the complaint on file.

 
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