Civil Procedure Code (CPC)

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Robin Maveric   11 May 2016

Need advice:on the verge of 498a!

Dear Learned Members,

Me and my wife live in different states.

Last year my wife gave complaint to CAW where it was settled and we agreed to live together. However, she did not join me and after 1.25 years of separation now, she has again given complaint: this time in PS. I got a call from SI for questioning and for settlement failing they will take action.

I explained all the scenario and asked them to send notice.  I am sure as of now FIR has not been filed. Atleast, this is what I understood from conversation.

Under what section CrPc will this notice come? I think of only 41A and 160. But 41A is send when FIR is done and 160 is not sent to accused? Or will it be just a plain letter asking to come. Also, can I take a new date once I get this notice?

Also will the notice come by post at home or through local PS in my state?

When I go there and nego fails, and FIR done will I be arrested there and then? Or can I come back stating send me notice under CrPc41A?

Thanks for help.





 2 Replies


look section 160 crpc is about police requiring attendance of witness. this does not apply to you.


btw what complaint she filed ? please tell me.


for your safety you can apply for anticipatory bail in court.

Robin Maveric   12 May 2016

Dear Arix,

Thanks for information. That's what my understanding is that CrPc160 is not applied to accused. As far as complaint goes, last year it was typical that we harass mentally and physically and also make demands. The one that she recently gave, was not told to me by SI, only mentioned a complaint is received. On insisting she told that I am not keeping her and making demands! How can I make demand when we are separated and not talked for 15 months now :)

Anyway, in all sorts my belief is that FIR is not yet filed.  So if at all, they send some notice, will be a plain letter asking me to come to PS at her place/state?

I have anyway decided not go without any letter being received. Usually what happens: Notices are sent to local PS or directly?

Appreciate your advice.



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