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Neil   01 June 2016

What next?

Hello experts,

Today I got a call from womens cell, stating that why am I not attending the meetings for mediation, to that I very politely responded that we are not getting notices for the same, last notice we got was some 3 months ago to which we reponsded in writing with all the medical proofs attached with the reply, after that my wife had filed for a DV case, and now the womens cell officer told me that we will file an FIR.

My background on why we cannot attend any mediation 2000 kms away from our place.

I and my father are physically disabled person suffering from a rare brain disorder, I have all the medical proofs to prove me and my fathers disabablity, I told the officer regarding this issue, he told its time for an FIR under Sec 498a and 407,

My wife had already filed a DV case to which we will be filing our reply in the next date.

Experts please advise what next can happen in this case?

Thanks in advance.

N,



Learning

 29 Replies

prabhakar advocate (advocate)     01 June 2016

They file FIR.  You better try to get anticipatory bail.  If  you get it, it is O.K.  Otherwise, you have to get regular bail, once police take you into custody.  Otherwise, ask your wife to come to settlement and resolve the issues once for all before FIR is lodged.

1 Like

Neil   01 June 2016

Thanks for the reply

we had tried to reconcile wtth my wife, but the EGO is playing bigger role here, then humaity, should we apply for bail after they file an FIR or before whats is the procedure to get the bail from this false charges.

Thanks in advance.

N.


(Guest)

Arrest is very unlikely in 498a case filed 2000 Kms away. A lot of members in this forum have taken up a cause of instilling fear in men of false 498a cases. Please ignore these people, they are either trying to increase business for lawyer community or simply staunch believers that wife terrorism is good for society. Consult a lawyer who has full details of your case. If cause of action is in your city 498a case will not be maintainable 2000kms away. Police usually do not travel 2000kms away to make arrest for a 498a case. They will need very strong grounds to do such arrest. Sit tight, let them file FIR, prepare chargesheet and present in court with proper jurisdiction - only think about next steps at that time. If police send you a notice, send medical certificates of disability and ask them to come to your city for investigation. Talk to your lawyer about bail. There is a right time to apply for bail, if you go prematurely you will be denied. These days many men are able to avoid bail all together in 498a case in larger cities because police are unable to make grounds for arrest as long as husband is cooperating. In smaller cities and rural areas situation is different from big cities. Your lawyer will be able to advise.

Neil   01 June 2016

Thanks for the reply... I am very much tensed and scared right now....and if this thing goes any longer I will definetly take some suicidial steps...i am like a troublesome character for my family... Sitting as a furniture at home...

Dana Kayoni (Expert Humanitarian and Lawyer)     01 June 2016

They say Taj Mahal is one of the 7 wonders of the world.  I think it is correct, the pyramids are no wonder when compared to the Taj Mahal.  Go see it once before it crumbles.  Ah regarding your problem my other colleagues have advised you suitably.

 

Soooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooocide? That is Dharam Garam's fav dialogue.. Angrejji log jab marte hain toh use sooooooooooooooooooooooside kehte hain. laugh

1 Like

KS Johal   02 June 2016

Neil Please do not worry unnecessarily, and do not try to harm yourself. Remember you are being advised by the best. You must take steps as they arise. You will definitely get bail. But remember you are cooperating with the whole situation. That's the reason why you are likely to get bail (that's only if this situation arises). Some women will try to falsify and try to frighten men unneccarily (there are exceptions). Try to cooperate and you problem will get resolved. I hope this eases you.
1 Like

Neil   02 June 2016

Thanks for the reply.

Any idea what will the Aniticipatory bail cost for 3 members of the family named in the complain?

I am worried coz I don't have any finances to fight this false case, if she wants divorce she can come and ask me, I will give her, but falsifying this matter thats what I am feeling uneasy about.

Thanks in advance,

N.

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     02 June 2016

1) Apply for AB based on the facts narrated above.

 

2) Send a reply to the Police Notice through a local advocate expressing ur disability and u r ready to cooperate.  It is for them whether they will reach ur place and investigage.

1 Like

Neil   03 June 2016

Thanks very much for the reply sir,

But still we haven't got any notice from the Police station, I just got a call from womens cell, to which I polietly replied that we are not getting any notices for the dates, since last 3 months, so request you too please tell me how to deal with if the cruel person with no humaity left is going to file a completely false case under sec.498a and other infamous sections.

I am unable to walk, due to this disorder, as it increases with the time & stress taken to the brain, so please don't mind if you feel if I am asking too much here, but LCI like forums are an gift for a person like me, 

Thanks in advance.

N.

Neil   03 June 2016

Thanks for the reply..

can they send police to our home and arrest us, in the scenario, that we haven't got any notices just one phone call from a person, who told we are filing an FIR. 

Will not the police investigate before coming at our door that have they been served notice or no?

Thanks in advance.

N

Tejas Shah (Owner)     03 June 2016

Hi Neil Call up SIFF Foundation for men. Check web for further details.

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     03 June 2016

1) In 498A cases, without making preliminary investigation that too from 2000 km away, on the basis of the caller saying FIR being filed and that there is no prima-facie evidence to show that the offence is so serious u can vanish, the Magistrate will not issue any arrest warrant simply.

 

2) U may however obtain AB and try to get the full facts whether or not any case actually filed and notice issued as claimed by the caller.  The judge will also consider ur disability for the purpose.

 

3) U hv the strong point no otice is received by u so far.  If at all the case is proceeded it will be decided ex-parte which u can always plead for re-opening.

1 Like

Neil   03 June 2016

Thanks for the reply,

Awaiting experts opiniuon on the below mentioned query, request you too please reply.

can they send police to our home and arrest us, in the scenario, that we haven't got any notices just one phone call from a person, who told we are filing an FIR. 

Will not the police investigate before coming at our door that have they been served notice or no?

Thanks in advance.

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     03 June 2016

1) Already replied.  Read carefully my response contained reply to ur queries.

 

2) Unless they hv so prima-facie strong evidence against u, normally not.

 

3) Yes.

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