Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Fight for justice (Consultant)     07 January 2015

Wife lodge an fir after 3 years of seperation

Dear All

I have taken suggestion from this forum many a time after stating all the phases of my struggle life in  a regular interval at this forum. Now situaion has been worst as my wife has lodge an FIR in her nearest police station for dowery and domestic violence after 3.6 years of seperation. She has taken this step when section 9 case is in last phase .She never apper in court during all the notices served..I got a call from police station stating i need to plan for bail to avoid any arrest warrent.Please advice what should i do in this situation.

Thanks



Learning

 7 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     07 January 2015

Dear, Contest your bail on merits and at the time of charge framing try go get the same discharged..... Kapil Chandna Adv 9899011450

Fight for justice (Consultant)     08 January 2015

Thanks Kapil sir..should i go ahead and apply anticipatory bail ?

great india (manager)     09 January 2015

Just relax and press on wid rcr .. 2. Dnt waste money on anticipatory...... 3.now arrest depends on circumstances..... 4.so prepare defending maintenance cases ..... And collect evidences

T. Kalaiselvan, Advocate (Advocate)     12 January 2015

First obtain AB and then attend the inquiry session with the Police.

Suneet Gupta (www.vashiadvocates.com)     13 February 2015

Get the Civil Court to issue a bailable warrant to force your wife to appear in court.

Also it is safer to file for AB in the DV case. Appear in the Criminal Court and ask them to prosecute your wife for filing a false case under DV Act. Filing a False case under DV Act carries severe punishment.

1 Like

gd dy (gd dy)     18 February 2015

@ sunnet gupta
completley agreed. bt first dv is to b proved false. wht one shld do in meantime to counter ? pl. advice.

Suneet Gupta (www.vashiadvocates.com)     19 February 2015

The easiest way to show that the DV case is false is by producing the Divorce case proceedings before the Police and before the Criminal Court.

This will demonstrate that you and your wife are separated for the last 3.6 years and also demonstrate that she has filed this false case to complicate the issue and to cover her absence from the Civil Court.


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