Respected sir...

First of all hire a good lawyer who can escape you from going behind the bars ...Apply for anticipatory bail of all three family members whose name had been implicate in this false FIR ...Sir in these type of cases most of the time accused person get acquited by court or the matter will be sought out between the parties ... After applying for bail join proceedings as soon as possible for you that will be much better for you ...Ask your mother to come soon ...And for divorce you have to wait for time else she will take plea that divorce case had been inserted to take revenge of that FIR ...It will be much better if we file divorce case prior to this FIR ...Just join the proceedings and take bail from court this is only thing which you have to done right now..

Thank you

Bhai first get bail then think of getting divorce. As per ur contention she wants only money. Next she will file maintenance case. Send her money by post and keep a track report of it

HI Friend,

1) Try to narrate all your issue in front of police that all points against you and your family which has been complaint is false.

2) and nothing is true show them all evidence and than you can file case against her for Divorce or Mutual consent divorce.

The supreme court in recent judgement of Arnesh Kumar Vs. State of Bihar has made mandatory compliance of guidelines

All the State Governments to instruct its police officers not to automatically arrest when a case under Section 498-A of the IPC is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from Section 41, Cr.PC;

All police officers be provided with a check list containing specified sub- clauses under Section 41(1)(b)(ii);

The police officer shall forward the check list duly filed and furnish the reasons and materials which necessitated the arrest, while forwarding/producing the accused before the Magistrate for further detention;

The Magistrate while authorising detention of the accused shall peruse the report furnished by the police officer in terms aforesaid and only after recording its satisfaction, the Magistrate will authorise detention;

The decision not to arrest an accused, be forwarded to the Magistrate within two weeks from the date of the institution of the case with a copy to the Magistrate which may be extended by the Superintendent of police of the district for the reasons to be recorded in writing;

Notice of appearance in terms of Section 41A of Cr.PC be served on the accused within two weeks from the date of institution of the case, which may be extended by the Superintendent of Police of the District for the reasons to be recorded in writing;

Failure to comply with the directions aforesaid shall apart from rendering the police officers concerned liable for departmental action, they shall also be liable to be punished for contempt of court to be instituted before High Court having territorial jurisdiction.

Authorising detention without recording reasons as aforesaid by the judicial Magistrate concerned shall be liable for departmental action by the appropriate High Court.

We hasten to add that the directions aforesaid shall not only apply to the cases under Section 498-A of the I.P.C. or Section 4 of the Dowry Prohibition Act, the case in hand, but also such cases where offence is punishable with imprisonment for a term which may be less than seven years or which may extend to seven years; whether with or without fine.

But once FIR under 498a/406 is registered the apprehension of arrests looms even with the guidelines and safeguards as to be mandatory implemented by police. The police can follow the guidelines and can arrest the person . still the offences are non-bailable and possibility of an arrest looms on the person.

Proceedings under Section 498A/406/34 IPC are not to be converted into recovery proceedings. However, it is the desire of a Court to try and ensure that matrimonial disputes are resolved. Attempts were made in the present case in this direction, but unfortunately have failed.

Generally the bail in matrimonial proceedings are easy but may come with stringent conditions. the Anticipatory bail in cases of 498A/406 are granted easily these days and conditions depends on facts of each case.

For Divorce you can apply for Mutual Consent Divorce or Judicial Separation. Mutual Consent Divorce will get done by fast as compare to Judicial Separation.

Dear Querist

first of all, visit the police station alone and informed to police officials or investigation officer about non availability of your mother, join the investigation and if there is any apprehension of arrest then file anticipatory bail before session court or High Court under section 438 of Cr.P.C.

Immediately file a divorce case against her based on cruelty under section 13(1)(ia) of Hindu Marriage Act-1955, if both of you are Hindu.

she can file domestic violence and maintenance case too, so no need to worry, fight the case on merit with the help of the lawyer who deals in the matrimonial criminal cases.

you may approach to court or police for mutual consent divorce by amicably settlement of disputes.

Feel Free to Call

1) you must appear before police station have your statement recorded

2) deny allegations made by wife

3) mention mother is out of station and hence not present

4) obtain copy of FIR filed by wife

5) apply for and obtain AB from sessions court

you can file for divorce on grounds of mental cruelty

2) wife filing false case of dowry harassment amounts to mental cruelty

3) you have to prove allegations made in your divorce petition

1. First of all do not panic at all. When a criminal case is to filed it has to be dealt with aptly and with strategy.

2. Now when notice is sent apply for anticipatory bail. If the AB is dealt with properly you would get bail very easily.

3.once bail is granted you win half of the battle as 498A case in itself is not left with any venom and trial of sich cases in all likelihood ends with acquittal.

4. Ask the police to visit your home to recover the stridhan articles which will pave way for smooth hearing of your bail petition.

5. The incidents you have mentioned all are instances of grave metal cruelty and hence if those are proved you should not have any difficulty in getting divorce. So file a suit for contested divorce on those grounds.

6. If the copy of the FIR is shared with me I can advise further.

You need to file the divorce petition on the grounds of mental cruelty against your wife in the court of law with the help of any local good advocate.

Alongwith you need to take the anticipatory bail from session court to avoid any arrest. Then you can fight the case.

1. First of all keep cool.

2. Then visit then police station on the scheduled date and co-operate with the IO in his investigation. You have no fear to be arrested.

3. Send a letter by speed post that your mother is out of the City for treatment and shall appear before the IO on her return on a specific date. You should also handover copy of the letter along with the copy of the postal receipt to the IO during your visit.

4. Your mother should visit the IO as soon as she arrives at her house as otherwise, she might face the chance to be arrested for not complying with the terms of the notice.

5. If FIR has been registered against you, avail anticipatory bail immediately for all the accused and then contest the case fittingly.

6. Once you get the AB, 80% of your problem is over in the instant matter and then can think of filing a divorce suit against her.

1. The main reason shown by you for seeking the decree of divorce i.e. her being pregnant through you without your consent is not an acceptable ground for passing a decree of divorce as per law.

2. Never ever raise this issue as the cause of action for your seeking the divorce since she has the right to become mother and post intercourse contraceptive pills are not full proof.

3. You can file a divorce suit on the ground of cruelty for which you shall have to collect evidence of all her cruel acts by audio/video recording her such conversations.

4. After collecting enough evidence in support of your allegation of her cruel acts on you, you can file a divorce suit against her on the ground of cruelty.

at this moment you need to comply the 41 A notice by visiting the police station, it is better not to visit the station alone and better to accompany with your advocate. after compliance of the notice you need to surrender before the concerned cjm/acjm court. for further assistance feel free to contact.

You immediately apply for AB for everyone

You may visit police station after obtaining AB for enquiry

You can plan for divorce after this

Please file a divorce case under cruelty ground as soon as possible. Secondly get anticipatory bail for 498A before going to police station if they have registered FIR. Though as per supreme court guidelines arrest cannot be made as soon as 498A is filed better to get anticipatory bail.

First take a anticipatory bail in the said matter. After that file a divorce petition in the family court. Don't attend the police station without securing anticipatory bail or interim order in the same. Presently due to supreme court directives police can't arrest you mechanical in 498A cases. Still securing an Anticipatory bail is significant.

Hello,

You may go to the High Court and get the FIR quashed against the family members.

The family members can not be roped in unnecessarily.

Contact a local lawyer who may draft and file the same in the High Court

The same will be filed under article 226 of the Constitution of India.

1. Since you have received the notice from police you must firstly apply for anticipatory bail to preempt your arrest and detention as a consequence thereof. You may be arrested when you appear before police. Once AB is obtained you can then contest the case on merits.

2. You are free to file a petition for divorce on the ground of cruelty against your spouse.