False 498a case and NRI... pls advice urgent
Ajay
(Querist) 06 May 2011
This query is : Resolved
My wife gave a false 498a case against me, my parents, sister and my brotherinlaw about a couple of months back. My sis and broinlaw are NRI who happened to be in india during that time for vacation left within few days after the complaint was given.Me and my parents alone got AB. between my wife with help of police recovered all her sreedhan items. FIR are is yet to be filed. I dont want to live with such a kinda girl so just sent her a divorce notice under 13 1a as guided by my lawyer. Now wife family treatening to proceed with the false case and file FIR to disturb us. I need advice on the following:
1. If police file FIR will they insist my sis and broinlaw to return to india. They dont even have AB. Is it mandatory for them to come back to india
2. Me and my parents have AB, still will the police be able to arrest us
2. We are yet to get arrested when I sent the divorce papers.But expecting FIR to be lodged soon before hearing. Does this add favour to my divorce case. Is first mover for divorce favourable/unfavourable?
3. Or Is there any favourable points for her to counter file in divorce as arrest has not happened. As I read in some forum mere arrest doesnot amount to cruelty for divorce. or can she claim more compensation
Devajyoti Barman
(Expert) 06 May 2011
1.They have no power to insist but to get the bail they need to come to India.
2.No
3.No both the cases are separate proceeding.
4. Without seeing the case details how one could provide 'favourable point'.
PALNITKAR V.V.
(Expert) 07 May 2011
they can corner you by filing DV Case also.
M/s. Y-not legal services
(Expert) 07 May 2011
1.right now your sister and brother in law not in india.. So if they are arraigned as accused mean, the court have to serve summons to them.. After that only court can proceed the case against them..and if they want to come in india mean, you might be have A.B for them..
M/s. Y-not legal services
(Expert) 07 May 2011
2. You and your father got a.b against certain case.. So in this regard the police can't arrest you.. In case if any new criminal case registered mean your this anti.bail will not help you.
Kanhaiya Singh
(Expert) 08 May 2011
Do you mean AB as Anticipary bail? If it is so, then you and your father can not arrested in the same case. So far other accused are concerned, they will also have to get bail, if police does not drop them. Since, you gave notice earlier to the criminal case, you may get a defense in that criminal case.
Ajay
(Querist) 08 May 2011
@kanhaiya, actually I sent divorce after she gave the complaint. Divorce under 13a based on cruelty upon me and my family by giving false complaint and harrassing us. But now her lawyer is threatening that since FIR is yet to be lodged, she can add my divorce notice to strenghten her case if I dont withdraw my divorce petition. Is this possible. I was wondering if my lawyer wrongly guided me to send divorce petition at wron time?
PALNITKAR V.V.
(Expert) 08 May 2011
to defeat the AB, the wife can file DV case also. Other points are already replied. In divorce proceeding you have to prove cruelty of such a nature as would make you impossible to cohabit with your wife. Mere quarrels of petty nature or natural wear and tear will not constitute cruelty.
Arun Kumar Bhagat
(Expert) 14 May 2011
Without FIR no anticipatory bail is granted. Your question is little bit confusing.
