My wife gave a false 498a case against me, my parents, sister and my brotherinlaw about a couple of months back. My sis and broinlaw are NRI who happened to be in india during that time for vacation left within few days after the complaint was given.Me and my parents alone got AB. between my wife with help of police recovered all her sreedhan items. FIR are is yet to be filed. I dont want to live with such a kinda girl so just sent her a divorce notice under 13 1a as guided by my lawyer. Now wife family treatening to proceed with the false case and file FIR to disturb us. I need advice on the following:
1. If police file FIR will they insist my sis and broinlaw to return to india. They dont even have AB. Is it mandatory for them to come back to india
2. Me and my parents have AB, still will the police be able to arrest us
2. We are yet to get arrested when I sent the divorce papers.But expecting FIR to be lodged soon before hearing. Does this add favour to my divorce case. Is first mover for divorce favourable/unfavourable?
3. Or Is there any favourable points for her to counter file in divorce as arrest has not happened. As I read in some forum mere arrest doesnot amount to cruelty for divorce. or can she claim more compensation
Only fear will defeat you in 498A cases. Even if they file false Complaint on your BIL and sister, Get an Anticipatory bail for them and Insist the IO to investigate properly as per the Dowry Prohibition rules. Try to get some Circulars about the Arrest and Investigation of 498a and Produce them to IO before including your Sister and BIL.
Now No Arrest in 498A cases unless with the permission of Magistrate, it's not easy for them to add your sister and BIL as per the new Cr PC amendment.