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Rajendra (Xyz)     18 November 2012

Anticipatory bail and fir

My wife left my house 2.5 yrs back and now has sent me appearance notice of mediation court saying tht she was harnessed and tortured mentally and physically and thrown out of the house and inspite of trying to settle the matter through a neutral mediator did not work. The girls patents r influential and powerful. I dint appeared for mediation fearing tht she may falsely implicate under 498 & 406. Can she do this and if so how can I safeguard myself and my family from arrest and harressment. What is the method which will be applied as we r nt in the different state.



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 4 Replies

Sanjeev (Lawyer)     18 November 2012

you should have attended the mediation as it would have led to resolution of the dispute by way of seperation or reunion whatever but you cant be living such a life where you arent a married or un married.

It has to be this way or that way- 498A can be filed anytime and it cant be avoided by not attending mediation. 

Nitish Banka (lawyer)     18 November 2012

Apply for Anticipatory bail

Nitish Banka (lawyer)     18 November 2012

 An application for Anticipatory bail can be filed even before lodging FIR, if sufficient and reasonable apprehension of false implication exist.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 November 2012

No one has been able to find a way to avoid from 498a being filed.

 

As you have got invitation from mediation center, go and try to resolve all disputes amicably. The alternative is a lengthy court battle.

 

 

 

Regards,

 

Shonee Kapoor

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