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vivekmehta   25 April 2015

Falso 498a

Wife has filed false 489a in her native city. I live a different city. My parents live in a completely different city. Now police keeps calling us all and want us to come to wife's native for inquiry. 

Should I comply and go there or it would be a foolish thing to do without anticipatory bail?

Lawyer tells me my family will get bail as they never lived with me post marriage, but I will not get AB. For me he will make me appear before police, get me arrested and then secure a normal bail. 

I am totally confused what to do. I am hoping someone will guide me. 

Thanks in advance


 11 Replies

bsrao   25 April 2015

498A. We have seen several folks manage this. But it depends on what you want. You want separation then fight the consequences. You want to be with your spouse, rush to her. Forget EGOs. Otherwise follow counsel's advise. 

B S Rao

vivekmehta   25 April 2015

Sir thanks for prompt response. The marriage is over and there is no scope for reconciliation. 


Just not sure if I should co-operate with police and immediately go to meet them, or try to secure AB before going there as I dont know anyone in that city and FIL has a lot of contacts. Please guide. 

bsrao   25 April 2015

Initiate mediation immediately and get out amicably even if it costs you lot. Get a mutual divorce.

B S Rao

saravanan s (legal advisor)     25 April 2015

usually courts insist anticipatory bail be issued once an fir is your case i doubt that fir hasnt been filed and the police are calling you just for mediation.try to find whether any fir has been filed against you in the respective police station.

vivekmehta   25 April 2015

Thank you for all your responses Mr. Rao and Mr. Sarvanan.


I have the copy of FIR with me. Can I simply walk into the police station and help them in their inquiry? I know I have not done anything wrong and my in-laws cant prove anything. Or it would be a stupid move and I will immediately get arrested?


Thank you once again for the guidance. 


First see whether the fir is registered or not and then go for other legal formalities

vivekmehta   25 April 2015

Yes its confirmed that FIR is lodged and I have FIR copy

Rocky Smith (Instructor @ Calcutta (     25 April 2015

Marriage with a wrong girl is an unfortunate accident in life. If anybody met with this accident then immediately quit that relationship and proceed further in life. Our stupid judiciary system always oppose you to do this to extort you. Please follow my each posts carefully to handle this situation.


Please apply for anticipatory bail in Session Court or High Court U/S 438 CrPC with all circumstantial evidences and pray for anticipatory bails for you and your family members in-person (Without Advocate). Once you get it then attend PS for inquery.


Please also produce the following Supreme Court Order as citation of your AB case where SC ordered

no automatic arrest for 498A case in favor of your argument. Good Luck!


Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

Rocky Smith (Instructor @ Calcutta (     25 April 2015

Supreme Court guide line is as follows: -


The filing of First Information Report (FIR) is not a condition precedent to the exercise of power under Section 438. The imminence of a likely arrest  founded on a reasonable belief can be shown to exist even if an FIR is not yet filed.


 - So please go ahead and file AB in-person irrespectively whether FIR is registered of not.

Good Luck!

vivekmehta   25 April 2015

Thank you so much Rocky Smith. Appreciate your guidance and your links are very informative. 

T. Kalaiselvan, Advocate (Advocate)     02 May 2015

In the presentt situation the police have already registered, now in the name of inquiry on attending the station, they will go ahead with arrest and remand you after which you may come out after two or three days only, hence do noturun a risk, obtain AB and then attend the police station for inquiry.

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