Raman (student) 08 June 2012

Need help under 498-a ipc

Dear Sir,
Thanks for previous advice
My cousin is residing in Delhi( Matrimonial home is also in Delhi) and after few years of marriage his wife the matrimonial home and is now staying with her parents at District Haryana.My cosuin has file the RCR she returned and agin she left to her parents home and demanded huge gold and money .Now my cousin has send the legal notice for mutual divorce and she approached to the Haryana P.S for false case of dowry harassment which was referred to Women Cell.The women cell has asked my cousin to appear before this Monday or otherwise they will serve the notice to him

My queries are
1 Whether its advisable to approach before such women cell.I have heard that they will only heard the grievances of women and compel the husband to give undertaking for meeting the demands of her wife?

2 If he will not made his appaernce whether they can arrest my cousin after lodging FIR?

3 Whether its advisable to go for anticipatory bail at session court or move to High Court Haryana for transfer of FIR at Delhi?
Please provide earnest help

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2 Replies

Guest (Guest) 08 June 2012

Dear Querist,

It is never advisable to go for RCR as it doesn't help in any way. No court can make the wife live with the husband if she doesn't wish to. Filing an RCR is a colossal waste of time and money.

Anyways, do tell him to appear before the women cell, or if he cannot appear then he should write a letter to the women cell explaining his side of the story. However, apply for Anticipatory bail immediately. Since the FIR has not been lodged yet the court may give him what is called a 'Notice bail' wherein it would direct the police to give him a time of 4-5 days to seek bail from the court in the event of an FIR being lodged against your brother, as is the trend among courts in Punjab and Haryana. Mere registration of the FIR would not result in the arrest. Arrest would take place only if the same is considered necessary. The possibility of the same cannot be ruled out though. Anticipatory bail application should be filed at the session court in the district where the complaint has been lodged. Thereafter, you can challenge the jurisdiction of the court.

Regards,

Ashish Davessar

Advocate