Provisions in 498

On the facts narrated by you, you shoudl be able to get anticipatory bail.  Since your wife has been staying seperately for last more than one year and since you have placed your version before the police and since the n/c of your wife is belated, even if an FIR is filed against you, I doubt police will rush to arrest you.

Grant of Bail/Anticipatory Bail vary from case to case depending on the facts and circumstances of each case .... from ur facts ... i guess getting AB will not be a problem .... same is the procedure of getting Bail after arrest .... depending on facts and circumstances of each case .... no set parameters .... depends on whether investigation is over ... whether accused may tamper with evidence, etc

Indian Evidence Act, 1872 section 118 -Who may testify.-All persons shall be competent to testify unless the Court considers that they are prevented from understanding the questions put to them, or from giving rational answers to those questions, by tender years, extreme old age, disease, whether of body or mind, or any other cause of the same kind.

Explanation.--A lunatic is not incompetent to testify, unless he

is prevented by his lunacy from understanding the questions put to him and giving rational answers to them.

so if the child is intelligent enough, she can depose as a witness for u ... but care should be taken as not to tutor the child ... U can file for divorce on grounds of cruelty and Ur daughter can depose before the court as a witness

In Mumbai, there are regular police vans on surveilance duty for crime against women and children. You may call on 103 or dial 100 for Mumbai Police control room for information. You can request court of sessions to grant you anticipatory of 72 hours before arresting you, if it is not willing to grant you AB in absense of CR. Also, make a plea of your caretaking of your daughter in event of your arrest in AB.

Hi All,

As I heard that SC has passed an order stating that the cases file under sec 498 has to go through enquiry by the police before arresting the person. And the can go to the police station according to his availability and submit his sayings to the respective police officer.