Dhaval (Engineer) 27 February 2011

Threats of 498a from separated wife

I married 1 year ago. Just after 2 months she and her parents started creating issues from minor matters.

they come home without notice and take her with them without asking anybody. This happened second time.

Now she is at her parents home since last 9 months. They have started threatenning that If we do not accept their terms and bring her back withing 15 days, then they will file 498a against me, father and sisters. My mother is expired long ago.

Can I get anticipatory bail for me, my father and sisters ?. my sisters lives too away in another city.

Do we have to spend whole night in police station before we get bail from megistrate?.

Do we have any way to spend minimum time in Jail ?.

Should I send them notice to come back or just file CRC case ?.

I do not want to bring her back on any of their terms.

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6 Replies

adv. rajeev ( rajoo ) (practicing advocate) 27 February 2011

If she files 498A case you can apply for the anticipatory bail, before that with the help of the elders try to sort out the problems.

G. ARAVINTHAN (Legal Consultant / Solicitor) 27 February 2011

Can file now itself as the threat itself sufficient for filing Anticipatory Bail

Out of Court (Consultant) 27 February 2011

seek anticipatory bail asap .....

Foreign Marriage (Mgr) 28 February 2011

Absolutely good reason to file anticipatory bail. You need at least 1 proof of threat or 1 good evidence to potray her negative and harmful intent . In my case i provided SMS, email, voice records etc..

And remember anticipatory bail will take at least 1 month, so file the petition asap. The court can also summon the other party if it wishes to. If in future any complaint is registered, you can apply for regular bail without having to stay in prison.

P.K.Murali (Advocate) 28 February 2011

Record the conversation with your spouse family chronologically. Conduct due dlligence about their activitiies. Gather maximum evidence in your favour. Go for asap, because the summon will be sent to other party. If your are villae, call for village panchayat to invoke the right of conjugal bliss and record the same. If your are in town go for right of conjugal bliss.