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Vishal Kumar (Asst. manager)     03 April 2013

Can i apply for ab in high court / suggest lawyer

Dear Experts,

My wife has filed 498a, 406 and DV complaint against me in Haryana which is with Mahila thana / women cell. I have attended the meeting three times and finally they asked me to give the written statement that I don't want to live with my wife.

I wrote, "I have attended all the meetings with a purpose to provide full co-operation to I/O on the complaint filed against me and will be available in future if I am asked to appear again. All the allegations mentioned in the complaint are false and do not carry any factural information. So, I request the I/O to please investigate the matter personally before arriving at any conclusion."

Now, s confirmed by the I/O they will file the FIR against me and my family and therefore we approached many lawyers for AB but everyone said we have to wait for FIR before applying for AB. I have read in this forum that we can apply for AB even before lodging the FIR. So, my questions are :-

 

1) Can I apply for AB directly in Chandigarh in High Court as no lawyer is ready to apply the same in the session court where the complaint is currently registered.

2) If the answer is yes then can anyone please suggets me a good lawyer in Chandigarh who can help me in getting the AB beforehand i.e. before lodging the FIR.

3) Simultaneously, should I also apply for divorce.

 

PS :- I don't have the copy of complaint with me as the same was not provided by the Women cell.



Learning

 9 Replies

N.K.Assumi (Advocate)     03 April 2013

High Court and session Copurt has concurrent jurisdiction in the matter. But it is advisable to approach the Session court first, unless exceptional circumstances exist to move the High Court.

Vishal Kumar (Asst. manager)     03 April 2013

Thanks for replying . As I learned from your post, I can apply in High court for AB. Since no lawyer is ready to apply for AB in session court therefore I think it is an exceptional case. Can you suggest me a lawyer as well in Chandigarh.

N.K.Assumi (Advocate)     03 April 2013

Ofcourse you can call my friend Kiran Kumar. His Cell No. 09814303538

Vishal Kumar (Asst. manager)     03 April 2013

Thank you very much... I really appreciate your help......

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     03 April 2013

 Section 438 of Criminal Procedure Code states as follows; 

1. When any person has reason to believe that he may be arrested on an accusation of having committed a non- bailable offence, he may apply to the High Court or the Court of Session for a direction under this section, and that Court may, if it thinks fit, direct that in the event of such arrest he shall be released on bail. 

Manish Udar (www.Mehnat.IN)     03 April 2013

Get a lawyer who has fixed charged up till supreme court stage.

www.mehnat.in

Vishal Kumar (Asst. manager)     03 April 2013

Thanx Mr. Ramachary.... I informed the same thing to all the lawyers we met and even showed them the decision of high court and supreme court over the same... but still they are denying to apply for AB saying that the court will never grant AB before FIR.

 

Dear Manish - I am searching for a good lawyer... Please help me if you know a good practising lawyer in Chandigarh...

Manoj Kumar Jain (abc)     03 April 2013

Please dont worry. please wait till filing FIR. Do not worry about arrest. If you arrest then regular bail will be granted on same day now a days. Arrest on false compalint  will be help in your divorce proceeding also. There are lot of judgements are available on arrest on false complant comes under mental cruelity. 

gautam jain (hr)     03 April 2013

Hi Vishal,

I too went through all this.....it may be mahila thana or gents both r PS once compalint been registered its on Welcome to 498A tourture ....on dont wait just find the case no and apply for AB fbefore warrant is issued once its issued they will be problem getting bail.or all it may be sessions court reject go for high court. and yes registered a compalint that your wife is threating you and your family in false case ......etc in your local PS its very imp


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