possibility of false 498A

prior to moving for AB, better u file petition for restitution of conjugal rights under S.9 of Hindu Marriage Act.

this will show ur bona fide that u intend to take her in the matrimonial home.

certainly there are chances of misuse of S.498-A IPC

u can apply for AB if u apprehend there are strong chances of registration of such a case, generally such an FIR  is not registered immediately, police often take concilliatory step first, so if u had already filed the S. 9 petition as above said, u ll be in good position to defend urself and ur parents.

she is most likely to lodge FIR at the place of marriage or at the place where she resided last with u....depends upon the circumstances.

u can file joint AB application with ur parents, but better file a separate one from ur parents, since ur parents live separately so they may get advantage......again depends upon the circumstances and facts.

In UP, provisions for AB have been repealed but the high court does grant such a relief by entertainig a petition under S. 482 of Cr.P.C

dont worry....ultimately even she is not going to get anything out of it.

if she is prudent one then will first come to the compromise table.

Mr Kiran

I appreciate your suggestion

You have sugested a compromise, that is good

In our places unless there is an FIR registered, there is no question of AB

Most of the cases under Sec. 498-a are coocked up and that is y experience

RCR petition may  be a good ground for the husband

I think the place where the wife is residing after seperating fromm the husband also gets jurisdiction as per present Cr.P.c

Bye

 Mr. Kiran

I appreciate your suggetion and I do agree with you.

I M also agree with the views of Mr. Kiran Kumar

Thanks for the reply, I want to make one thing clear that where my wife can register the case under 498A, as till 15 days back she was living with me in Gujarat, now she is at her parents place, by parents (where we got married) lives in other city. So can she file the case at her parenst place?

Also advice that what is the procedure for RCR, then can i file it here? do i require a lawyer for this?

At which city I have to engage a criminal lawyer for AB as I think after September her parents can file FIR under 498A. Place where I live (Guj), or where she lives? Or should I engage on lawyer at my city for AB and one at my parents place for granting them stay after FIR as both of them are senior citizen. Is it not possible to apply for AB before FIR?

Also how much time police gave for applying for bail in case of 498A, will their be sufficient time to apply and get AB and stay for my parents?

Regards

Sir

Till time she had not registerd the case under 498A in her home town in UP, can I take AB from Gujarat, can I also take the AB for my parents from Gujarat, showing that they too started living with me (they are 60+)?

Or in case she filed case under 498a, then can I and my parents can get any bail before arrest, if so how can i came to know that she had lodged the FIR? As if police is going to tell me this then they will arrest me.

Please help as I am totally confused. Also what should I do if she ask for money for her maintenance and for my son?