anononymus (Business) 14 June 2010
When a wife complains of domestic violance act by her husband to the National womens cell/ police, what action is taken taken by the police? can her husband be arrested and put behind the bars without any supporting evidence? can the wife continue to stay in her husband home as the case proceeds against the husband? is it easy to get anticipatiry bail by the husband as there are no witnesses to the to DV act, nor any medical examination to prove the physical hurt / injury to the wife
Devajyoti Barman (Advocate) 14 June 2010
Yes granting of anticipatory bail is not that difficult in 498A cases. The question of arrest arises only in 4898A case and not in other cases like that under DV Act. Once a case is registered u/s 498A the police has got evry right to arrest the accused person whether there is any witness or injury report or not.
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