False Police Complaint by wife
Hitendra
(Querist) 23 June 2017
This query is : Open
My wife is living to her maternals for last app 2 months. I sent a legal notice to her this month to ask her to come back. She filed a false police complaint over it instead of replying.
Can police take me to custody if I visit to police station for this matter to put my views?
Guest
(Expert) 23 June 2017
No, normally the police cannot arrest you without adequate reason.
Even if the police decide to arrest you they need to give you a NOTICE.
If you do receive such a notice, seek anticipatory bail without wasting time.
No need to visit police station on your own. Let the police contact you first. If you "apprehend" arrest, then state firmly that you'll visit them only if notice is served. Then file a pre-arrest bail petition.
Kumar Doab
(Expert) 23 June 2017
Keep the elders of the family, competent and experienced well wishers, seasoned personnel that have faced such matters e.g; help groups, and a very able local senior counsel of unshakable repute and integrity specializing in Family matters around you and prove the charges as false.
Rajendra K Goyal
(Expert) 23 June 2017
Action of sending legal notice to wife have sure reaction of such cases of DV, 498A etc.
Try to have amicable settlement, through away ego, save the marriage which would be in the benefit of all.
Use near relatives, family friends, society effective people for settlement.
If FIR lodged, police may arrest. Visit after full confirmation of facts and consultation with your lawyer.
Kumar Doab
(Expert) 23 June 2017
Involve elders of the family, well wishers and remove all differences if possible and save the marriage.
The elders can convince the lady to withdraw all complaints.
Kumar Doab
(Expert) 24 June 2017
Thanks for agreeing Mr. Suneel Moudgil.
Dr J C Vashista
(Expert) 25 June 2017
Do not worry, police will not arrest in the given facts.
Hitendra
(Querist) 11 July 2017
Thanks to all. I am still waiting for a call from the women cell. Her sister & her mother are not letting her think good. Its all their strong influence which is giving me the trouble. I have a proof of call recording where her sister is asking her to give me some vibhuti in meal & she was also asking for pic of me & my mother. Can that be a solid evidence in court to get the things in my favour? Can court order custody of my children to me basis such environment of that place?
