Need urgent suggestion on anticipatory bail

@querist,

You are deeply outburst with your thoughts...........

1. Just concentrate on your contested divorce if MCD is failed.

2. No arrest can be done in the mid of any hearing.

3. She can file 498A at any time but it needs a procedure for arrest. You will get ample of time to prohibit yourself from arrest if she will file complaint before court.

4. Right now without any non-bailable section of offence against you, how could you apply for AB. It will be waste of money and time for you.So don't proceed for that until and unless you have got the case No. or Fir No. related to cognizable as well as non bailable offence.

5. Use her false statement given in transfer of petition in your divorce case adding the mental cruelty ground.

Good luck

regards,

(ESIS)

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Answer to your queries 

1. Now after I filed divorce case, she filed a transfer case at High court to her juristication.

She can get it transferred through High Court if she wants to be heard within the jurisdication of same High Court.

2. In order to hide all fault, she put lot of issue in her transfer petition. Dowry demand, dowry torture (physical and mental).. beating by me and my family member bla bla.

.It is obvious to the counterblast of your divorce petition and evry one would do the same.

As all there matter she included in transfer case (but not yet filed any 498 or any other IPC related to dowry torture case), So based on that can I apply for Anticipatory bail in advance?

After marking your presence in the case you will get ample opportunies to draw the inference that an FIR is being lodged apply for AB, which is in advance of being arrested 

Can she file 498 or torture case, in the middle of divorce case proceeding? or on the day of our hearing, so that police can arrest from the court directly?

No one can stop her from filing any case, however be cautious  you will get ample opportunies to draw the inference that an FIR is being lodged apply for AB

You dont have to take any anticipatory bail for any dowry case unless you have took or have harased her for applying any DV. SC and HC have made clear that no arrest for DV or dowry case unless th case is filed cause of unnatural death of the wife or any other sevierity. you both are living apart aand if u have not mt for any intercource in between go ahead for Diverse with cruelity and desersion grounds. you dont have to worry for the AB any more. 

read below links for more details. listen to good and updated lawyer for good sujestions.

https://supari.org/supreme-court-of-india-no-alimony-for-woman-who-desert-husband/

https://articles.timesofindia.indiatimes.com/2012-10-26/india/34748987_1_dowry-case-fir-apex-court

https://archive.indianexpress.com/news/wife-files-false-dowry-case-husband-granted-divorce-on-grounds-of-cruelty/1006679/

Obtaining an Anticipatory Bail order from the High Court or Sessions Court is not a easy matter. Various decisions of different High Courts and Supreme Court  significantly pronounces some guidelines where anticipatory bail can be granted and where to refuse.the applicant.

However primarily it can be noted that there must be  an existing accusation of having already committed a non bailable offense and on such accusation, there must be reasonable apprehension that the applicant may be arrested.  Imaginary accusation or future possible accusation will not be sufficient and as such accusation which is yet to come, there cannot be any reasonable apprehension of an existing threat of arrest and under such circumstance anticipatory bail petition shall be rejected.

@Take or leave its left to you

Dear Adviser,

Are you really a Adviser??

Dear friend, You have to be updated before providing any legal assistance to any querist on this LCI.

As far as on your reply I have the following say:

1. AB is applied only when there is an apprehension of arrest for a cognizable offence whose punishment is minimum for 3 years and of non-bailable section.

But for your kind knowledge I have to update you that For DV i.e domestic violence there is no need to take any AB because of the reason as stated above.(Plz read DV ACT 2005)

Now, following is the highlighted sentences which you have wrongly replied to above querist.:

Thanks & regards,

(ESIS)

Join hand’s to fight against Misuse of Law, their Legal extortion & terrorism.

Group:https://groups.google.com/forum/#!forum/498asaviours

Email: everysuffererisasaviour@gmail.com

                              AND                                 

Blog:https://everysuffererisasaviour.blogspot.in/

The value of freedom is measured by the cost of struggle,If you need freedom then you have to become a fighter ….as no other option.

It's a stuck up response to my Advice..  I narrated only how to qualify a situation that can help a man to obtain an Anticipatory Bail from H.C. and Sessions court

 which may be of little help to the author in as much as my opinion is based upon the court decisions.  It is not an advice to the query..

@Adv.Biswanath Roy

Dear sir,

The above reply by me was solely for the person by ID name @Take or leave its left to you

And not for you as he is misunderstood with DVA 2005 and AB procedure.Here my endevour was only to update him.

Thanks & regards,

(ESIS)

Join hand’s to fight against Misuse of Law, their Legal extortion & terrorism.

Group:https://groups.google.com/forum/#!forum/498asaviours

Email: everysuffererisasaviour@gmail.com

                              AND                                 

Blog:https://everysuffererisasaviour.blogspot.in/

The value of freedom is measured by the cost of struggle,If you need freedom then you have to become a fighter ….as no other option.

AAARrrrreeee yaar koi ye Take or leave its left to you  ko bandh karvao. kya galat galat advice karta hein aur logo ki post/threads ka satyanash karta hein.

@Rama: your fears are unnecessary.  She has given some false allegations against you in the divorce case transfer petition.  On your presumptions that she may file a 498A case and you can be arrested in the mid of the proceedings in the court is just mere imaginations out of the fear that you derived after reading too much of threads here in this forum or have heard lot of non-sense stories about such cases.  Do not be misguided. Taking anticipatory bail at this stage is mere waste of time money and energy because your will not get one plus the lawyers around you will take advantage as well as your money. Be cool, concentrate on your present case alone for the present.

Is the link false? or the orders by SC on false cases is wrong? please let me know what is the correct matter on these cases been filed and men being at problem? i have just said what i know. as per my knowledge only if there is an arrest in any circumstances we need anticipatory thing or else court has said for mediation first rite? is this wrong? will there be arrest without mediation or without superior permission. police has to verify first then if found guilty he should be arrested. if this is right then you can prove your self right at mediation which says no arrest. if this matter is false then please let me know what is correct thing.

thanks

@ Sufferer from Harami WIfe.. can you mind your business. this is not place to react or fulfill your anger on me. if i am wrong people will reply with what is wrong in what i said and am not angry with it. and nor am intrested in your coments for mine. i know you angry on me for what i said you in other tag. but rmmber not only me u got same from 2 more. try to understand that where u r going wrong and am not your wife to be back to you to face your cruality.. (correct spellings if u know)

I opt  not to speak anything  against manner of exchange of views by the  members

of  LCI,

I simply state that act of cruelty etc are irrelevant for deciding transfer petition , The  proceedings under DV Act  are  in the nature of civil proceedings,the court does not hold trial of an offence as is envisaged under trial of offences under the criminal procedure code,filing of anticipatory bail application simply on the the strength   allegations contained in the transfer petition is misconceived and unwarranted.