Mohammed Khan (Engineer) 30 May 2016

Anticipatory bail

Dear Sir,

I am an NRI, currently residing out of India for the last 7.5 years. I got married in India in 2013 under Muslim Marriage rites and customs and also have 1 year old son who is currently living with my wife in India.

Due to some unfortunate circumstances, we both have not had a happy married life since beginning of my marriage and my wife always involved their family with their political power and made lot of disputes in my marital life.

I have now executed my Divorce('Talaq') petition with my free will and consent as per Muslim rites and also have got my Divorce Certificate issued by Andhra Pradesh State Wakfboard, India on 10th February and also registered through Minstry of external affairs. My Wife has not come for relationship for the past 11 months, staying in India with their Parents. My wife’s family always wanted me to come to India for meeting’s to settle our divorce matter and at the same time tried to threatened us with allegations, criminal cases etc. However, I have now issued a divorce to my wife in February and our relationship is now seized with my Talaq.

Could you please advise whether I can apply for Anticipatory Bail (for 498A) directly in high court through Vakalatnama forms while I am staying in abroad?

I already have signed Vakalatnama and couriered to India but I am not sure if we can use them to file a pitition.

I am applying for Anticipatory Bail as I would like to come to India for personal reasons. Could you please advise how to proceed with this?

Your ideas are much appreicated!

Many thanks.

Reply Follow

4 Replies

Mohammed Khan (Engineer) 30 May 2016

My Divorce was issued through Local Muslim Board under Muslim Personal Law ( Lr.No. 2074). However my wife has refused to accept India Post (inlcuding Divorce Certificate) sent by Wakf Board but I have notified her through email attaching Divorce Certificate. She is also not going to family court for the settlement.

On other side, I am sure my wife is waiting for me to come to India and then file 498A case against me.

In the meantime, I would like to come to India, Before coming to India, I will need to have a Bail so I can return back to Abroad after few weeks to report my job. I may have more problems with my career if I come to India. Please advise?

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 30 May 2016

Sir,

Yes you can apply for anticipatory bail only if any criminal case is pending against you, otherwise you need not take the bail .. Even otherwise you can apply for anticipatory bail on the basis of the Vakalatnama to your counsel.

Warm Regards

Kapil Chandna Advocate

9899011450

https://kapilchandnaadvocate.wordpress.com/

(Guest)

Wife filing criminal case 498A, counselling at CAW cell, registration of FIR, notice to cooperate with police. These steps easily take 1 year start to finish.
If you are coming to India for short time and no complaint is filed till date, give up the worry of arrests.

SAINATH DEVALLA (LEGAL CONSULTANT) 31 May 2016

Once divorce is granted under Muslim Law,filing of 498a or related cases by the wife has no bearing.She can file only maintenance which will be granted for only 3 iddat periods.Not more than that.