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ram (caller)     21 January 2012

498a help urgent

Dear Experts, Pls help.

How is the 498a lodged, can anyone please advice. the wife is in Bangalore and husband is in chennai, as usual threatning false cases. My questions are.

1) Can she walk in and just give a complaint in police station and will the FIR be registered immeditely or will she be diverted to some womans group.

2) Can I and my family be arrested without notice

3) Will i be given a chance to explain before the police registers FIR

4) If the complaint is lodged will i be intimated so that I can AB

5) if the complaint is lodged where should i get AB, in Chennai or Bangalore?

Pls note that RCR was filed by me, and its now ex partee but yet to get judgement.



Learning

 14 Replies

Advocate M.Bhadra   21 January 2012

She can lodge an FIR at Bangalore or Chennai as she like,without notice Police can arrest you and your family members.You have no cahnce to explain your alegation to the police.You should get anticipatory bail in District Court or High Court where she would lodge FIR.In facts RCR is not at all effective to defend a case u/sec.498a.

rajiv_lodha (zz)     21 January 2012

Start reading 498a survival guide immediately dear!

ram (caller)     21 January 2012

Hi Rajiv I have gone through it several times, infact its become my obession but as a layman i find several things difficult to understand.. I want to save my elderly parents from any trouble.

Hi Bhadra, if I'm not aware that she has lodged complaint and there is no intimation, on what basis should i approach the court for AB, I was under the impression that AB is granted only after FIR is lodged. Sorry for these questions, these are all new to me and the only help i can expect is from people like you.

One more thing, she took away all her stridhan after signing an affadavit in Sept, and she has not been in the matrimonial home since May. How valid is the complaint, will the police take it seriously.

harsh asthana (advocate)     21 January 2012

you can avail anticipatory bail for your family, but may be ab will not be granted to you that is accused no. 1

ram (caller)     21 January 2012

Hi Harish, How will I apply for the AB without even knowing if the complaint is lodged.  Are things so really messedup that I have to remain in fear of losing my aged parents, my job, my self respect. Just coz a whore lodged a false complaint. 

Rahul T (Engineer)     22 January 2012

 

 

HMMM…………….

 

If you can get some influence in your local police station, than no need to worry!!!....  if any thing comes like that than get underground, and get AB….  That’s it. Practically its impossible to proof 498A,  Enjoy your freedom from a corrupted wife………..

ram (caller)     22 January 2012

Hi Rahul, Influence in police station is out of bounds, we are simple minded middle class family, I dont even know which police station to approach. Can i lodge some compliants like abbetment of suicide due to torture, i can try suicide, no issues, then she would be behind bars. Maybe im just going crazy thinking about it. my first priority are my parents.

Hitesh Gupta (B.Com. LL.M.(Cri) ADVOCATE)     22 January 2012

U have some options to protect urself.. RCR is ok but not going to help u much.. I have suggestions.. Get the certified copy of the RCR application filed in court.. Then give a complaint at ur local police station as well as at the police statin where ur wife resides.. State facts in ur complaint that u are been threatened by ur wife and in laws.. Allege that they are influential ppl and have police links to implicate u and ur family in false case.. The complaint might not get registered as FIR but tat wud help u to see that no FIR. Is registered directly.. It will also help to settle and negotiate with ur wife to either go for reunion or file mutual consent divorce petition.. Be prepared to pay lumpsum alimony to get rid of the cases..

Manav Kalia (Arguing my own cases..)     22 January 2012

You can apply for ab and you and your family will be able to get a pre arrest notice for sure, it is as good as ab. But I am not sure if you can apply for it without any complaint against you, find out if you can, it's the best way..

MADURAI LAWYER (LEGAL CONSULTANT)     22 January 2012

Dear Sir, 

If you are still having any doubts even after going through the replies of the learned experts, kindly feel free to call me up on 9842197857 for any clarifications.

S.JEEVAGAN, M.A.,LL.M.,

Advocate & Legal Consultant,

MADURAI.

https://www.jeevaganadvocate.com/


(Guest)

1. Regarding suicide - you committing suicide is not going to get her behind bars. You are  weak and you need help, so get all that you can. 

 

2. Your wife who you call a whore on this forum may well be lurking and reading your posts - be careful. 

 

3. Summary of the posts from legal proffessionals.

(a) File RCR

(b) Obtain anticipatory bail.

 

4. Share the complete story. 

Rajneesh Rana (Member)     22 January 2012

 

No need to be panicky. Better take some precautionary steps. For Exp:-

 

 

1.        First of all make enquires from a friend/relative of your or an Advocate at Bangalore that what is the general procedure being followed in lodging FIR under section 498-A IPC. Because in Punjab, general procedure is that whenever a complaint for dowry harassment is filed by the Wife before concerned SSP, it is marked to some police official (Women Cell) for inquiry and in the course of inquiry both the parties are summoned by the enquiry. FIR is lodged only after the conclusion of enquiry. As such husband and his parents get some time to apply for Anticipatory Bail.

 

2.       Whenever an FIR is lodged, a copy of the same is sent to the concerned Judicial Magistrate. So you can engage an Advocate at Bangalore Courts to inform you as soon as FIR is lodged against you. If possible make links with the concerned criminal clerk/Reader of the concerned Judicial Magistrate to inform you about the registration of FIR.

 

3.      Best Option: Make “links” with a Police Official of the concerned Police Station at Bangalore. He can inform you about registration of FIR immediately.

 

4.        In some States Police Department has their own Web Sites and they upload FIRs on the same.

 

5.        When ever it comes to your notice that your wife has filed a complaint against you and your family you can apply for Blanket Bail. If you have a good case your parents can be granted Blanket Bail.

 

6.         Start negotiations with your wife and her parents directly or through some common friend/relative. It will help you to know their moves in advance.

 

7.      As the FIR or any other case from your wife’s side is most probably going to be lodged at Bangalore so it will be better to engage an Advocate from the concerned court at Bangalore. He will help you to asses the whole situation.

 

Most Important: Make efforts for compromise. Use decent language for your wife.  The word ‘Whore’ with which you addressed your wife shows your general behaviour towards your wife. It will be better to introspect and mend ways if required.         

Uma Sharma (no work)     22 January 2012

Sir my brother ‘s in law family member are not sending their daughter to our house and always threatening it is enough you are not sending the husband and wife alone to outside  as my brother is leaving in Delhi and my mother want to leave with them because whole day my brother will live In his office and it is not safe to leave one lady alone in Delhi. But they are not agree so also they are blaming to our family members, more over my brother’s wife is not interested to live with my brother , another one thing she has some depression problem which they are not disclosing to us but we are ready to go for treatment  if they will cooperate with us or send their daughter to our house. Another one thing is that brother’s wife is previously accepted before us that she was under treatment but after the instruction of their brother now saying I have no problem, why I am putting the question of depression because in depression she act abnormally thing like without wearing the cloth coming out of the house etc..many thing…..

That she is living in her maternal house since more than two years, So kindly advise me what I have to do. We have tried number of time to get her but they are refusing simply saying it is already enough we will see on it , I am doubt that they will file false case on DP act of 498 a  of IPC, like some other Acts.

**Vikram** (Managing Partner)     25 January 2012

Dear Author, Withdraw your RCR and file Divorce immeidately. Put allegations so that she almost faints when she gets the notice. Do not bother about prooving the same now. What will happen is that, if she files 498A, it will be easily quashed by the high court. You can tell in your petition that she filed 498A to harass you because you filed divorce. There are various judgements available where 498A has been quashed because it was filed after divorce. Vikram

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