Dear Experts,
I need your Opinion on my False 498A Case. My wife is from Ghaziabad, U.P . She has filed false dowry case against me & my parents. The case is in Ghaziabad court Mediation cell.
One of the notice we have returned back by writing on it that the our house is locked.
within mean time we are trying to get the Arrest Stay from Allahabad High Court to appear before the mediation cell, so that we should not get arrested.
We have tried to get the arrest stay from Allahabad 2 times. My lawyer is saying that the certified copy of FIR is not enough to get the STAY. the Allahabad court need FIR number with CRIME number on it & the lawyer is saying that since the case is still in the Mediation cell, Ghaziabad and not in the Court, The Magistrate in Allahabad High court is not giving the Stay on Arrest.
Below are my questions from the experts
1) If we go to the mediation cell before taking the arrest stay, will we get arrested if the mediation fails?
2) Shall we accept the 2nd notice for calling to mediation cell.
3) Is my lawyer making us fool?? If the court doesnt give us arrest stay before appear in Mediation cell then it confirmed that we get arrested.
The grounds we have for the arrest stay is that she ran away from my home by making quarrel in November 2011 & I have tried to bring her back 2-3 times in 1 year. then after 1 year I have filed Child custody case & Divorce case & after receiving the Divorce case notice she has filed 498A, 376 case, DV & Maintenance case against me and my family in December 2012.
Experts please advise, specially from Ghaziabad & Allahabad
Thanks
