Mohammed 18 April 2016

Apply for anticipatory bail in india

Dear Sir,

My divorce is issued on the base of 'Talak' under muslim marriages act (Indian Law as per LR. No. 2074). After Divorce sent to my ex-wife, she immedietaely travelled to US by leaving 1 year child in India. We both are now staying seperately in US. I am an employee in US and would like to travel to India.

There are no police or court cases against me regarding my divorce yet however for the safe the side can I make pitition for Anticipitory bail before my travel to India as I do not want to take any risk and I can only stay in India for 2 weeks time as I have to report back to my job. Incase of any allegations made by my ex-wife or her parents in India during my stay in India it may take longer to get bail and I do not want to take risk of this as I have my job in the US. Could anyone please provide valuable advise for this?

Many thanks.

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4 Replies

saravanan s (legal advisor) 18 April 2016

if you anticipate that false cases might be filed on you it is better to obtain ab prior to travelling to india

(Guest)

AB can only be granted when there is reasonable apprehension of arrest.

Dont waste money by filing AB premateurely.

If no FIR is filed against you, AB prayer is not maintainable because no apprehension exists.

If wife makes false allegations, process is usually followed under CAW cell before FIR. Even if FIR is registered, no automatic arrest can be made. You will first be summoned under CrPC 41A.

It is highly unlikely for all this process to happen in just 2 weeks. Do not officially accept any summons while you are in India. If there is any legal proceeding, summons should be served at your permanent address in US. Once that happens, you can plan next steps.