sanjeev rajpurohit 13 May 2023

My sons wife problem

case under 498a,406,and 354 is being registered in police station against my son , my wife, my daughter, me and my brother in law how is not living in my house,all the stridhan of my daughter is law is being deposited in police station we have no article luggage in our house a application under 482 is being registered in High court in which High Direct us to give our defense in police station we all five persons given our statements and what's app chatting between husband and wife also given along with form no 65a in this chatting she( my daughter in law) clearly saying that she have no problem with any family members now the police calling my son at police station if we go their then it is chance to arrest my son ,we mother and father is house now and patient of so many health problems what we do please guide.

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Niharika Lohan 14 May 2023

Hi.

First if all, you are advised not to go to the Police station just because the Police has called for you. There is more than 100% chance that the Police will arrest you right as you step into the station and might even try to illegally fan money out of your pockets.

Secondly, what should be done is that you should hire a local senior counsel who has a good face value in the Courts and the Police stations and who can properly present your case to the IO / Officer In Charge of the Police station and convince him that there is nothing to substantiate an arrest. This would include convincing him about the baselessness of the allegations by the opposite party and also that you are a respectable person of the locality and won’t try to flee justice.

Make sure that you do not hand over any document that is material to your defence that can later be used for contradiction. Leave this to your lawyer’s discretion.

If the Police is convinced, he/she will ask for one of your family members to come to the police station so they can serve upon you a notice under 41 B of CrPC, which is harmless and should be accepted.

There are certain judgments that support your case and clearly show that the Courts these days have a liberal approach in such matters and until and unless the evidence put forth by the wife is highly convincing, they would not incline towards baseless arresting: Arnesh Kumar Vs UP, Joginder Nahak vs U.P, etc.

Hope the answer helps. Please get in touch with me at niharikalohan@yahoo.com in case the need so arises. Please feel free to revert back with follow up questions.