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NK   21 December 2020

Fir based on false allegations, provision for interim bail ?

Hi Experts ,

Its been 3 years to my marriage and after trying every possible effort to make my marriage work , I took a decision and finally i sent notice to my wife for divorce with mutual consent ,now her lawyer replied to my notice. 

Because my wife's family knew now i am going to file court case in my hometown which is 300+ Km away from Delhi , and it will be difficult for them to come on hearings , her family approached my father to have meeting to find a solution before filing court case, for which my father agreed  and travelled all night in chilling winter season and came to Noida 2 days back.

However me and my father hoping it will be a normal meeting, but my wife had a different plan , she called her 5-6 relatives for meeting and as soon as they came they started using bad language and misbehaved with my father who is 70 years old and threatened us by saying if I file a court case, my wife will not give divorce easily and fight case till 20 years to ruin my life completely and all. I have all the evidences with me for all the conversations. Although i know wife's family is not in position to fight case too long because they are not financially strong and my wife has 1 unmarried sister,30 years old.

Now my query is -as soon as i file a court case in my hometown (UP) , I am sure my wife's family will also file a case in Delhi and will lodge FIR in local police station to put false allegations against me and my family for dowry and domestic violence , if it happens is there any provision to get interim bail within Police station itself and what other options i have so that me and my old aged parent does not get arrested at all.

Here i would like to mention my parent does not stay with me in Noida and i also never did domestic violence with my wife and marriage was without any dowry except few Jewellery items which we are ready to return.


Thanks in advance.







 5 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     22 December 2020

Interim bail- This type of bail is granted for a short period of time and it is granted before the hearing for the grant of regular bail or anticipatory bail.

SHIRISH PAWAR, 7738990900 (Advocate)     22 December 2020


Police do not have any right to give interim bail if FIR is filed. In your case, you have to apply for anticipatory bail in court if FIR is registered and there is any apprehension of the arrest. Now in matrimonial cases, police are not arresting the accused unless other grievous sections are added. 

P. Venu (Advocate)     22 December 2020

Admittedly, the query is purely hypothetical!

NK   22 December 2020

Thanks Sir for the Reply.

muna gurezi   27 December 2020

you have to apply for anticipatory bail in court if FIR is lodged against you

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