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fighting back (exec)     05 June 2013

Now anticipating 498 after 125 dv hma24 and rcr by wife

Dear all

I recently got a DV summons filed in MP by my wife and my parents and brother made as respondents. first date is yet to come. i am now anticipating a 498 against us. please guide me. as to what i should to"

wife is in MP since last 1 year 4 months

after filling RCR, 125 hma 24 she has now filed DV case all cases are filed in MP where she is presently residing 

all allegations of harrassment in RCR 125 DV are that of maharashtra state where she lived after marriage.

i want to know:

Where should i apply for anticipatory bail, in MP jurisdiction or maharashtra jurisdiction?

how long is the anticipatory bail valid after granting it by the court. (as i dont know when can the actual 498 be filed) so as a precautionary mesure i am thinking of applying for it.

do my parents and brother need to be present in person in the court to apply for the anticipatory bail or they can be represented by a lawyer who will apply for AB on their behalf

my brother is a government servant. if he is made a party in the 498 case, is there any threat to his job, and since he is serving  in rajasthan at the moment, then how should he also apply for the AB

if he is made a party to the 498 case, what effect will it have on his job. will he be suspended?

if the case is registered in MP and all allegations of harrassment are done in maharashtra, will the MP police come to maharashtra to do the investigations?

how much does it roughly cost to apply for the anticipatory bail.?

i had already taken my wife to the womens cell in my state, as she was always threatening me of false dowry demands. due to which i applied in the womens cell and they called us for the mediation, the mediation failed and they took her statement, in that statement, there is not a single allegation of dowry,  just vague allegations of husband coming late in the night after his job, not giving money to spend,, visiting his parents. keeping her alone and other petty stuff, but no allegations of any dowry harrassment, now all of a sudden these allegation s have cropped up in the DV 125 and RCR cases filed by her. hence, will it help me because i approached the womens cell of police first and they recorded her statement?

I would indeed appreciate your kind advice and comments on my query.....thanks again

I



Learning

 6 Replies

Advocate Deepak Gupta (Lawyer)     05 June 2013

1: To file DV and Maintenance case jurisdiction is different from 498A jurisdiction . If your wife says on           date my husband and in-laws again demand for dowry through telephone or personally  At present wife residing   place  is sufficient to register FIR at wife residing place.

2: If FIR register in MP , first apply at concerning  District Session Court for AB . AB file only after FIR before that it is not maintainable .

3: AB may be file through relatives also . One provision in sec 438 if Court think that accused appear on hearing date , then apperance is compulsory . But rare chance.

4: If your wife made party your brother in 498A , first take AB,  then move to High Court . No effect on his job mere on the basis FIR .

5: If entire dowry curelty done in Maharastra not in concerning place , then concering District police register FIR on ZERO and tranfer the FIR to the Maharastra.

6: Women cell document is important for you in AB .

1 Like

fighting back (exec)     05 June 2013

@adv deepak gutpa...thank you very much for your kind reply.......as you said that on telephone threats can be made, i remember that in the DV petition she has mentioned that my husband has threatened me on phone for Rs 1000000 dowry, so is this the sign of things to come?  also, so should i wait for the FIR? no anticipatory bail before that? and what if the police directly record the FIR, and come to arrest us directly? then what will be the solution? or will they file the FIR, then summon us and then arrest us?

thanks once again.

Advocate Deepak Gupta (Lawyer)     05 June 2013

Yes , AB after FIR . In MP generally before FIR  matter refer for counselling ,( issue summons ) after that FIR registered , but FIR also registered  directly without counselling depend on the status and contact of person . After FIR no summons , police having power to arrest . If police register directly FIR , avoid arrest  manage the situation and immedately file AB , as per your fact AB easily grant you . Remeber to register  FIR at residing place is very flexible in 498A case.

1 Like

shriks........... (healyhcare)     05 June 2013

1.more than a year seperation, DV wont be tenable, i mean it can be defended.

2. why hurrying for AB? she filed rcr , has she withdrawn??????? wait 

3. you can defend petitions and allegations as rcr shows willingness of her to join you which can be considered as an act of condonation of previous acts of cruelties if any on her......i mean one side she says torture and other side restitution and co habitation and willilngness to join????

4. just wait and watch do not hurry.......be ready with your SAY defending all her allegations and counter that DV is just to harass you as rcr already filed by her

2 Like

fighting back (exec)     05 June 2013

hi shriks.............thanks for your reply, actually she has not yet withdrawn the RCR, that is what is puzzling me. and on top of that the height of contradiction. she has claimed in her affidavit that " my husband and inlaws are threatening me and endagering my life !!!!  and then demanding a separate residence or rent...it is really a height of contradiction

shriks........... (healyhcare)     06 June 2013

1. rcr purposefully not withdrawn to prove she innocent and you deserted so maintainance could be claimed.....
under cpc property can be attached under hma
2. keep denying her allegations and ask her to rejoin matrimoney, let order be passed in your favour, she might accept mcd in few months......have patience


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