498a , 3&4 dp act
Querist :
Anonymous
(Querist) 01 February 2018
This query is : Resolved
Hi,
I got married one year ago, My wife and their family members started harassing me and creating rumors about my financial status and they try to speak to people and create an negativity on me, After completion of 1 year of our marriage I approached Honorable court and applied for divorce under 13 act, leaving my home after the notice is severed (She use to threaten me by saying that she will attempt a suicide and Ill be put behind the bars, during our stay they use to threaten me and my family members by saying that they will file some allegations against us. My parents are located 500 kms away from us.) she have received the divorce notice after 30 of receiving the notice on jan 20 they have filed 498 A , 3&4 DPA against my family. Now policemen and their family members have fake allegation against me and my family members. I have all the proofs to prove the allegations that were leveled upon her but they have fake allegations on us so do I have right to file against them proving them wrong or should me n my family go for remand?
Kindly suggest me a way out.
Vijay Raj Mahajan
(Expert) 01 February 2018
Fight out your divorce case filed by you. The Police will do investigation of the charges levied against you all and you need to give your version to them as and when inquired. The police will decide to register the FIR against you or not if they haven't and if they have then the police decide whom all to be chargsheeted for the various offences. You all need to get anticiparty bail if you are not living in State of UP or criminal complaint/FIR registered in U.P. for which you need to do it now to avoid being arrested and sent for police or judicial remand later on. Otherwise the police is also supposed to refer both parties for mediation and conciliation process to settle the dispute amicably, how far that succeed one cannot say.
Querist :
Anonymous
(Querist) 01 February 2018
Hi Vijay Raj sir,
Police asked to come to police station as I visited they where not ready to listen my version, and yesterday they have called me on mobile and informed that opp party has filed a case and I need to visit the police station for bail, my query is does police have authority to give us the bail or we should approach the court to get anticiparty bail?
will opp party have right to file a case after one month of receiving the notice and police are not considering my case which is having an hearing in mid week of this month.
Thank you for your response sir.
Vijay Raj Mahajan
(Expert) 01 February 2018
Anticiparty bail has to be applied from the Session Court or High Court only not Police Station.
Kumar Doab
(Expert) 01 February 2018
AQ so NO reply
Dr J C Vashista
(Expert) 04 February 2018
If you want an obligation from experts on this platform you will have to reveal your identity, no reply for "anonymous" author as per rules.
