1. Even if FIR si registered getting bail in 498A cases is no more a hard task and hence there is every likelihood that you will get bail one more time.

2. Making arrests in 498A cases is very rare unless there is grave physical injury as well. Once FIR is registered the police will have to send notice u/s 41A crpc.

3. Yes, you will get lot of time.

Now the police can still arrest you but the recklessness and nuisance has stopped. 

No.  Presently they give you a notice under section 41A crpc for inquiry then if needed they arrest. It's better to take anticipatory bail from court

1. No now days in matrimonial dispute till there is substantial proof neither FIR is registered directly also there is no arrest police on complaint call other party for mediation.

2. The police on complaint shall give notice.to.appear before them based on this notice Anticipatory bail can be taken.

3. Yes husband can take anticipatory bail on complaint before FIR is registered.

Police shall not file complaint directly to avoid complaint also you both can enter into mutual divorce MOU so that there is no dispute.

See she can give complaint registration of FIR shall be based on facts and circumstances.

Hi, the Supreme Court judgment you are referring to has again been overruled ,and now the police can arrest without prior  holding inquiry ..However,generally police calls both the parties for joining investigaton prior filing of FIR ..

There is no automatic arrest . Police has to issue notice to record your statement under section 41A cr pc

police would conduct investigations and file charge sheet 

husband can apply for Anticipatory bail from sessions court 

Police can on basis of wife complaint lodge FIR even if staying separate for one year 

Yes you are right the police cannot arrest the husband in case of FIR lodged by the wife .

 police without the investigation cannot meet arrest in this regard however in Ki Sab Dowry cases maximum period of 7 years is considered but in case in police investigation if any prima facie evidence of domestic violence is found then the husband may be arrested in the meantime he can go to court and get anticipatory bail otherwise he can move his FIR quashing petition in the High Court

Chances can't be projected.  If FIR is registered its better to take Anticipatory bail. You can have a detailed telephonic consultation with me through kaanoon if needed. 

Even if your wife's FIR is lodged in your matrimonial dispute, you can't be arrested in a routine and mechanical manner. After the case of case of Arnesh Kumar vs. State of Bihar, there's no routine and mechanical arrest permissible in matrimonial disputes.

After Lalita Kumari decision passed  y the Supreme Court, registering the FIR by Police f the complaint discloses cognizable offence is compulsory.

1. No, usually police didn't arrested husband/in-laws in 498a case unless there are serious allegations or injuiry, as you are living separately for one year, no need to worry, police won't arrest you.

2. police will issue you summons before arrest,

3. Yes, you will get enough time to get the bail

you can move to the high court for enhancement of duration of bail

1. Immediate arrest does not happen in 498A case. Police is bound to serve a notice under 41A CrPC to the accused. After the service of notice police is free to arrest the accused at anytime. Hence, accused ought to apply for anticipatory bail as soon as notice is served.

2. There is no arrest in DV Act cases as it is a quasi criminal case. Criminal liability in DV Act cases can be mounted only if the protection order passed by the magistrate is breached. 

Dear client take Antisepetry Bail for Ur safety... Because.. she may lodge FIR..by offering something ..

Police complain can be file any time but instant arrest. Notice will issue to husband. Can apply for anticipatory bail and delay in filling FIR will look into by police while investigation.

1. You have mentioned "Hence Husband had taken an Anticipatory bail based on the threats".. No AB can be availed against threats without any FIR registered by police. However, the husband should now lodge a police complaint in advance alleging that the wife is giving threats to lodge false police complaint against him. It will shield him against his arrest based on his wife's future complaint. In any case, police will investigate before registering FIR based on the dowry complaint u/s498A of IPC, if lodged by the wife. 

2. Police is required to investigate in to the matter before taking any further step including arrest of the accused husband.

3. If FIR is registered by the police, the husband will be summoned by the police for conducting investigation in to the matter and after coming to know the FIR No., the husvband shall have to apply for and avail anticipatory bail.

4. You are righ. As per the order poassed by the Supreme Court, police will not make arest of the accused husband without conducting investigation in connection with the complaint lodged by his wife.

1. Since both are seperated for one year and there has been no police complaint in last 8 years of marriage, the wife will be at  disadvantageous position to get her complaint registered as FIR against her husband.

2. However, stay prepared for the worst and lodge a preemptory complaint against the wife for giving you the threat of lodging false complaint u/s498A of IPC against you. 

1.  Since the husband has already reportedly obtained AB, let him first file an application to extend the validity owing to the reasons that he is apprehending her to register fresh criminal case and FIR with the local police. Generally the police will issue notice once a FIR is registered after which the husband can apply for extending the validity of the AB before the same court which has granted AB.The police may not take any step to arrest him owing to the subsisting AB.

2. The police may issue a notice summoning the husband to police station for inquiry.

3. Let the husband not attend the police station before applying for AB or getting it so that he can avoid being arrested.

Entertaining a complaint by the police will depend on various factors hence there wont by any use to argue with the police citing the law in force, you may to concentrate on yor own safety first and then plan strategies to confront her in the trial proceedings.

Forget about her filing a complaint resulting into FIR, you may concentrate on your defence because her case or complaint will be very week since the prevailing facts are in your favor.

Dear Sir,

My answers as follows:

1) Whether Police can immdly arrest the Husband or his Parents Legally without any proof or any investigations? 
Ans: No, because your marriage is older than 7 years as such her complaint will first refer to mediation and at the most FIR can be registered against the husband and not parents. If any FIR is registered by using influence you can get anticipatory bail easily and also get stay order on it.i


2) What is the legal procedure Police needs to follow before arresting based on such FIR ? 
Ans.They have to issue Sec.41 Cr.P.C notice to you before arresting.

3) Will Husband have enough time to apply and get a Bail before arrest, if FIR is filed?
Ans: If FIR is lodged the husband may go underground and try to get anticipatory bail within one Weak.

Normally FIR's will be issued in respect all serious offences like above but usually immediate arrest will be made if complaints are made within 7 years of marriage.