498a-process of stay of arrest

now in up the procedures have changed as earlie if 498a was filed arrest was unavoidable. As even if the husband managed to get stay of arrest the stay would be valid till mediation but if mediation failed then there was no remedy but to seek regular bail that was generally rejected for main accused.

Now the process is that a writ needs to be filed in Allahabad high court and the hc court directs the magistrate concerned to grant interim bail on appearance and order a local mediation and hear the final bail application after mediation results.

So if the mediation is success than the FIR would be quashed and if it fails final bail application would be heard which is most likely granted.

My wife/Lawyer has filed DV recently and willing to try to file 494a cases our me and family, Sir, i want to ask that

i have been divorced by Islamic Sharee law before 6 month,  My wife gone to her parantel house on 19/03/2012 for her physical treatment by her family physician after one week she not willing to come matrimonial house because of as usual issue to leave seperate. from 19/03/2012 to 23/08/2012 (5 month ) some conversation between my parent and her parent but not any fruitfull come out. On 24/08/2012 i have send notice of Talaaq e Rajee First Talaaq (As per teaching of islam in holy quran & hadees ) to join the matrimonial house in one month/menstrual period. otherwise Second Talaaq e bean come into existance.  After the notice my wife and her parent not willing to come and join me my Nikah has been forfeited by islamic law. After then my wife started allegation and file DV case on 09/01/2012 and she now trying to file 494a also.

Dear Sir, Help me to know she can now applicable to file 494a case by false allegation.