• Girls family has filed section 85/115 clause 2 and 315 clause 2 BNS how do i get the bail as FIR as been filed

I was married on 7th dec 2023 and later on the girl had gone to Rajasthan at her home on 19th july. She was returning to Mumbai in august but later went back to jodhpur again. Her father first filed a case against us that they want 50 lakhs rupees for out of court settlement. We told we will not be able to give that and now they had send police summons to sort out the matter. They didn't agree again and they said they will file the FIR. So we had spoken with secretary of SHO as he said you will have to be present after the FIR. How do we get bail as all these cases has been filed. I also know they will file for monthly maintenance and i also know they will file in Rajasthan court so that we may have to travel over there again and again. How do we avoid that as well because they are not ready for out of court settlement. We cant travel to Rajasthan again and again as my mom is not keeping well on health terms and I am also unemployed.
Asked 1 month ago in Family Law
Religion: Hindu

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22 Answers

you have been charged with criminal intimidation , voluntary causing hurt , cruelty against wife by husband and his relatives 

 

you should apply for and obtain bail 

 

3) if there are no specific allegations file for quashing in HC 

Ajay Sethi
Advocate, Mumbai
96937 Answers
7822 Consultations

- As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter. 

- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.

- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

- If you want to live with her then file a petition for restitution of conjugal right before the family court for directing her to live with you, 

- Further, if she deny to live with you, then she cannot get maintenance from you. 

- Further , fi she deny then file a contested divorce petition on the above grounds and cruelty. 

- If she has lodged an FIR then take anticipatory bail from the session court 

- Further the appearance of your mother can be exempted from the court after moving an application before the court on medical grounds. 

Mohammed Shahzad
Advocate, Delhi
14513 Answers
221 Consultations

First of all, seek anticipatory bail from the Court so that you will get protected from arrest.

File a divorce case against your wife in your jurisdiction and later on when the matter came up for the hearing, request the judge to send your case before the counsellor or mediation. Explore the chances of settlement there.

Vishek Vats
Advocate, Delhi
90 Answers

If she has filed the maintenance case at Jodhpur, then you have to travel to that place for participating in the case otherwise the court will pass an exparte order, in that case they may try to attach the properties on your name for the purpose of security till you pay the arrears of maintenance amount.

you can engage an advocate who will take care of your absence before the court  periodically.

First you obtain an anticipatory bail for you and your parents in the criminal case filed against you and then plan to either challenge the same in trial court or to file a quash petition before high court after the charge sheet is filed.

T Kalaiselvan
Advocate, Vellore
87138 Answers
2339 Consultations

  1. Any FIR lodged by wife after initiating of divorce proceedings will not carry any weight. Such FIR will be quashed by High Court. But they have commenced criminal proceedings against you. Still you can file divorce if you are interested, it will help you. FIR will be quashed against all others except husband even now.
  2. You will not be arrested, police will issue you notice to appear for investigation, only if you fail to appear, warrant will be issued against you. Still appearing before police is a torture. After investigation, you can seek exemption against appearance in Court. Contest the case on merits.
  3. Employed or not, you need to pay maintenance. There is no escape from payment unless you can prove that your are ready to keep her with you and you are not at fault.

Ravi Shinde
Advocate, Hyderabad
4195 Answers
42 Consultations

File petition in HC for quashing of FIR against you and your family members 

 

seek interim stay of FIR 

 

3) if there is any pending cases you may not get visa to travel abroad 

 

4) you may need court permission to travel abroad of any such conditions are imposed while granting bail 

 

5) you can make application for exemption from personal appearance until further orders 

Ajay Sethi
Advocate, Mumbai
96937 Answers
7822 Consultations

- If you will not pay the maintenance arrears to her , then she can file an execution petition before the same court for directing you to pay the same, and the Court will issue firstly attachment , and if no attachment taking place then warrant can be issued by the Court. 

- If you have reasonable ground against her complaint , then you can approach the High Court for quashing the FIR. 

- If you are getting opportunity from abroad , then you can travel even the case is pending against you under section 498A

Mohammed Shahzad
Advocate, Delhi
14513 Answers
221 Consultations

Dear Client,

In the present situation, you were married on December 7, 2023, and subsequently, your wife left to her home in Rajasthan on July 19, 2024, and kept travelling back and forth. Her father filed a case against you under the mentioned provisions of BNS, and asked for Rs. 50 Lakhs in the out of court settlement. Though you stated that you will not be able to pay the same, they sent police summons to sort the issue. They also told that they would file an FIR, for which you will have to be present after such filing. Therefore you want to get bail for the same as the cases have been filed, and you have an issue in travelling to Rajasthan as you are unemployed and your mother is not well in terms of health. Firstly, if you anticipate that an FIR would be filed against you, as the cases have already been filed, you may opt for applying for an anticipatory bail under Section 482 of BNSS to avoid such arrest. If you are arrested, you can even then apply for a regular bail under 480 of the BNSS, being a non-bailable offence. With respect to maintenance being claimed, it is important that you respond to the summons being sent, however, you can contest the claim by bringing forward your financial position of being unemployed. You may also file for transferring the case to your local jurisdiction, citing the relevant reasons under Section 448 of BNSS.

Hope you find this answer beneficial for resolving the dispute.

Anik Miu
Advocate, Bangalore
10173 Answers
120 Consultations

you can file a quash petition to quash the charge sheet itself and not section by section.

If you do not have any property then they will take action to recover the amount as per procedures of law.

Since they have already filed a criminal case, they may not be able to file any other case pending this case, and once the existing criminal case is disposed by then they cannot file any other case without any fresh cause of action.

In a criminal case until and unless the court dispenses with your personal appearance you may have to appear before the court on each and every hearing.

Your advocate can file an exempt petition periodically once a while and not always.

You can apply permission to travel abroad from the trial court.  

If you have any reason and documentary evidence to support your case, then you can file a criminal case against them in Mumbai

T Kalaiselvan
Advocate, Vellore
87138 Answers
2339 Consultations

first apply for the certified copy of the FIR [if at all it is even registered] under Right to Information

you may have to file a quashing petition if the FIR does not disclose any cognizable offence

Yusuf Rampurawala
Advocate, Mumbai
7679 Answers
79 Consultations

You must cooperate with investigations 

Ajay Sethi
Advocate, Mumbai
96937 Answers
7822 Consultations

There are possibilities for the police to delay or not register the FIR also if a compromise settlement is arrived between you both in the police station.

If you have decided to challenge her case then you can take decision to obtain AB in the event of police registering FIR for not cooperating with the inquiry

T Kalaiselvan
Advocate, Vellore
87138 Answers
2339 Consultations

1. The police after registering the FIR, will investigate the complaint in detail and file charge sheet before the concerned court.

After that the police will prosecute the case through assistant public prosecutor till the disposal of the case.

2. 2. The court will not ask any party bout anything that happened between them which resulted into the divorce case.

The court will send both the parties for mediation/counseling  and after the mediation fails, then the case will be conducted as per procedures of law.

T Kalaiselvan
Advocate, Vellore
87138 Answers
2339 Consultations

Prosecution has to prove case during trial examine investigating officer and other witnesses 

 

on first date the respondent would file his appearance seek time to file reply 

Ajay Sethi
Advocate, Mumbai
96937 Answers
7822 Consultations

- There is no involvement of police in the domestic violence case , and hence the said call was from the women cell on her complaint. 

- You should appear before the women cell to settle the dispute , other wise her complaint will be forwarded for lodging an FIR. 

- If she has filed divorce case , then you should file the reply of her petition. 

 

You can contact me, if further suggestion required. 

Mohammed Shahzad
Advocate, Delhi
14513 Answers
221 Consultations

You apply for anticipatory bail and first get enlarged on bail after which you can attend police station.

The police  cannot arrest you after obtaining bail.

You may have to co-operate with them for investigation.

T Kalaiselvan
Advocate, Vellore
87138 Answers
2339 Consultations

Yes you can apply for transit bail in Bombay High court but after that you may have to apply for regular bail again in Jodhpur.

However you may have to obtain permission from court to travel abroad during pendency of criminal case against you.

T Kalaiselvan
Advocate, Vellore
87138 Answers
2339 Consultations

anticipatory bail should be filed in session court in city where case is filed 

 

if no conditions are imposed restraining you from travelling abroad you are at liberty to go abroad 

Ajay Sethi
Advocate, Mumbai
96937 Answers
7822 Consultations

there is no automatic arrest 

 

police has to issue you notice to record your statement

 

they cannot physically assault you  

Ajay Sethi
Advocate, Mumbai
96937 Answers
7822 Consultations

You can file transit anticipatory bail before session's court or High court of your state and seek protection from arrest. 

You can not travel abroad if FIR is registered against you until you will seek permission from the court to travel abroad.

Vishek Vats
Advocate, Delhi
90 Answers

It’s better you first take ABA in the same 

Prashant Nayak
Advocate, Mumbai
32479 Answers
201 Consultations

- In case you will not participate in the investigation , then the police official will get warrant from the Court , if there is an FIR already lodged under section 498A

- However, if you have apprehension of arrest , then take anticipatory bail from the session Court, where your appearance is not mandatory. 

-  Since, the FIR is lodged in Rajasthan , then bail should be taken from this state and not Mumbai. 

- After getting the bail , you can easily travel abroad. 

Mohammed Shahzad
Advocate, Delhi
14513 Answers
221 Consultations

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