Anil Kumar (IT Professional) 08 June 2013

Anticipitatory bail

Dear Legal Experts,

I am resident of Delhi and was married in Allahabad in 2010. After the 8 months my wife go their mother's house and not come back since July 2011 to till date. I asked her so many times but her mother (MIL) exchange the heat arguments over the phone and not agreed to send my wife back. I send her notice through my advocate coz my MIL threats me for implicating in false dowry case. MY MIL is widow and Gove. Employee. She has a back of politician of SP in UP.

I send the legal notice to my wife for come back their matrimonial home but she refuse. After that I file the RCR Sectionn 9 in Delhi Court. She denied the Court summons three times and not come for any hearing or arguments in Delhi Court. Now Court give me the Decree in my favor in May 2013.

After receiving the "Decree" I had received the 7-8 Calls from Mahila Police Thana, Allahabad for present their as my wife file a fake dowry complaint on me in which she alleged me that I ask her for dowry and give her mentally and physically torture. I refuse to go their without any Legar Notice / Summons. I received the call continously but every time I ask them for Notice in which they reply me that without any FIR they cant send the Legal Notice. Now I am depressed with this fake calls. I send the letter to SSP, IG, DG office along with my Court order for further action. but No relief.

Now I want "Anticipatory Bail " from Allahabad. Can any Expert Person help me. What is the procedure to get the "AB" from Allahabad. If any Legal Expert can advice me or help me plz let me know.

Thanks & Regards,

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4 Replies

(Guest)

You will get Anticipatory Bail only after FIR Filled.

Sanjeev (Lawyer) 08 June 2013

AB provisions are not applicable in UP so you can take stay of arrest from Allahabad HC though now in UP there are no immediate arrests and Interim bail is granted if 498A filed and case is sent for mediation so no need to worry

Sudhir Kumar, Advocate (Advocate) 09 June 2013

there is no scope of mediation now as the divorce stands granted and marraige annulled.

your wife has done one stupidity of being so late. She should have filed criminal case oas soon as you sent her notice ofc RCR. RCR is surest way to provoke 498a. SHE HAS LOST CHANCE T RAISE OBJECT ON THE FIRST AVAILABLE OPPIRTUINITY when receive court notice.

rajeev yadav (collections/legal) 09 June 2013

Dear Friend, anticipatory bail is somthing which the courts usually donot take in positive mode in U.P. Instead i would advice you to plz file 482 at allahabad high court(if FIR has been registered) andd try for quashing of the FIR from high court ...worst to worst you can get arrest stay from there. Subsequently you can meet the IO at the police station and explain him the whole case along with the decree received by you.

If you need further help plz contact me @ 8560878079. i have some senior advocates at Allahabad who can hel you better .Let fight this ABUSE OF LAW by educated ladies who think that LAw can be manipulated as per there need and comfort. Even the courts have statred accepting that 80% of 498 A is false and manipulated.

thanks.