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.