Matrimonial-sec.498a
aman rajput
(Querist) 05 February 2012
This query is : Resolved
Mediation between me and my wife is been Going In Women Cell.....Suddenly on the next date in women cell she gave it in writing that she is not interested in mediation further and our mediation comes to over without any result.
Now if she files FIR under sec. 498a against me on next date in women cell so can I be immediately arrest after filing the FIR without any investigation or I would be given a chance to prove myself innocent in women cell......as I have been given next date on women cell to come over there.....I dont know that whether should I go to women cell or not ??????????????
adv. rajeev ( rajoo )
(Expert) 05 February 2012
You may be arrested if complaint is filed. It is non bailable offence, some on the very day bail will be granted, but it depends on the judge. Try to get the information from your source whether any complaint is filed or not after failure of mediation. If any complaint is filed then go for aniticipatory bail to avoid the arrest.
V R SHROFF
(Expert) 05 February 2012
if Police Complaint is filed against you u/s 498a, you file Anticipatory bail Application.
Otherwise you can be arrested, and released on bail.
Devajyoti Barman
(Expert) 05 February 2012
You should not visit the Cell any more as it is ended for all purposes.
The arrest is part of investigation and the Police can well arrest the accused persons within minutes if it so wishes.
So if there is provision for anticipatory bail even before registration of FIR then go for it.
Else after FIR do apply for AB.
Chanchal Nag Chowdhury
(Expert) 05 February 2012
S.498A IPC is non-bailable. Depending on the State where U reside, Anticipatory bail may be filed. The only saving grace is that U may not be charged under the DV Act.
Kirti Kar Tripathi
(Expert) 05 February 2012
I agree with experts. It is non bailable offence and police can arrest. You can seek legal protection. Consult your local lawyer.
prabhakar singh
(Expert) 05 February 2012
It is non bailable,arrest is quite possible,
anticipatory bail can be sought.
sibasish pattanayak
(Expert) 05 February 2012
Aman ji,
the qs are in your agenda is purely what to do n notto do. prior to to opine in your matter i want to kno whether you are agree to lead CONJUGAL LIFE WITH YOUR WIFE OR NOT? IF YES THEN: -
in my opinion right now u hav to file a case of RCR WITH THE JURISDICTION OF YOUR LOCAL COURT ( IF PERMISABLE ) & and send the said SUMMON to respondent WIFE, COPY TO BE forwarded to : 1) women cell, 2 ) OC / SHO OF BOTH LOCAL POLICE THANA, 3) DISTRICT POLICE AUTHORITY. IF after receiving the said SUMMON by your wife then lodge FIR U WILL GET BENEFIT .
IF YOU DISAGREE TO LEAD CONJUGAL LIFE THEN U CAN ADOPT SAME STRATEGY.
PL WRITE IN DETAILS for more suggestion.
regards ,
Sibasish Pattanayak, Advocate, kolkata.
sibasish_adv@yahoo.co.in
DEFENSE ADVOCATE.-firmaction@g
(Expert) 05 February 2012
