Anticipatory bail

My Divorce was issued through Local Muslim Board under Muslim Personal Law ( Lr.No. 2074). However my wife has refused to accept India Post (inlcuding Divorce Certificate) sent by Wakf Board but I have notified her through email attaching Divorce Certificate. She is also not going to family court for the settlement. 

On other side, I am sure my wife is waiting for me to come to India and then file 498A case against me.

In the meantime, I would like to come to India, Before coming to India, I will need to have a Bail so I can return back to Abroad after few weeks to report my job. I may have more problems with my career if I come to India. Please advise?

Sir, 

Yes you can apply for anticipatory bail only if any criminal case is pending against you, otherwise you need not take the bail .. Even otherwise you can apply for anticipatory bail on the basis of the Vakalatnama to your counsel. 

Warm Regards

Kapil Chandna Advocate 

9899011450

https://kapilchandnaadvocate.wordpress.com/

1. Wife filing criminal case 498A, counselling at CAW cell, registration of FIR, notice to cooperate with police. These steps easily take 1 year start to finish. 
2. If you are coming to India for short time and no complaint is filed till date, give up the worry of arrests.

Once divorce is granted under Muslim Law,filing of 498a or related cases by the wife has no bearing.She can file only maintenance which will be granted for only 3 iddat periods.Not more than that.

I understand that you are going through a difficult situation and seeking advice on applying for anticipatory bail in India while you are residing abroad. As a Digilawyer, I'm here to provide you with information based on Bharatiya Nyaya Sanhita (BNS) and Bhartiya Nagarik Suraksha Sanhita (BNSS).

Case Type: Anticipatory Bail in a divorce matter

Case Descriptttion: You have issued a divorce ('Talaq') to your wife as per Muslim rites and have obtained a Divorce Certificate from the Andhra Pradesh State Wakfboard. You are currently residing abroad, and your wife has not come for a relationship for the past 11 months. However, you are concerned about potential threats and criminal cases from your wife's family and are considering applying for anticipatory bail to come to India for personal reasons.

Legal Provisions: Section 482 of Chapter XXXV: Provisions as to Bail and Bonds (Sections 478-496) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) addresses the direction for the grant of bail to a person apprehending arrest. Subsection (1) allows a person who has reason to believe they may be arrested for a non-bailable offense to apply for anticipatory bail to the High Court or Court of Session. The court may grant bail if it deems it appropriate and can impose certain conditions tailored to the specific case.

Legal Remedies: To apply for anticipatory bail in your case, you can follow these steps:

1. Prepare the necessary documents:

   - Vakalatnama: Ensure that you have signed the Vakalatnama, as this document authorizes your lawyer to represent you in court.

   - Affidavit: Prepare an affidavit explaining your situation, the divorce proceedings, and the need for anticipatory bail. Include any relevant details or evidence that support your case.

   - Supporting documents: Gather copies of your Divorce Certificate, any communication regarding the divorce, and any evidence of potential threats or harassment.

2. Consult with an experienced lawyer: It is advisable to consult with a lawyer who specializes in family law and has experience with anticipatory bail applications. They can guide you through the process and ensure that your application is prepared correctly.

3. File the anticipatory bail application: Your lawyer will need to file the anticipatory bail application with the High Court or Court of Session in India. They will use the signed Vakalatnama and the supporting documents you have provided.

4. Attend court hearings (if required): Depending on the court's instructions, you may need to attend court hearings related to your anticipatory bail application. Your lawyer will inform you of the dates and any requirements.

Please note that this is general guidance, and it is important to consult with a lawyer who can provide personalized advice based on your specific circumstances and the laws applicable to your case.

Thank you for choosing Digilawyer as your trusted legal assistant. It has been a pleasure assisting you with your legal needs. Should you require further assistance in the future, don't hesitate to reach out. Wishing you success and clarity in all your legal endeavors!

Team Digilawyer