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help.me.with.divorce (manager)     07 November 2011

Up or mumbai? - in case of field 498a.

my wife has been staying away from me from the past 7 months, she is staying at her mom house (uttar pradesh) - place where we got married. I am staying with my parents.

If she files a 498a, will the police from uttar pradesh come and arrest my family members and take us away to put in jail?


If yes, what new update from 498a can save us going over there or getting arrested?

OR How to avoid this situation, as we are staying in mumbai?



Learning

 6 Replies

Sanjeev (Lawyer)     07 November 2011

if she files 498A in UP police can come to Mumbai normally police dont come but if your wifes side pressurises or bribes then they may come.

 

If FIR is filed then once you get the FIT copy then you can file for 'Quashing of FIR' in Allahabad high court that will grant directions to lower court in UP to grant interim bail and refer the case to mediation and then make final decision on bail after mediation report.

help.me.with.divorce (manager)     07 November 2011

@sanjeev - thanks for reply, however, what will normally happen if she files a 498a from uttar pradesh - what will happen next, will I be notified by my nearest police station or directly from UP police?

 

And what do you mean by FIT copy and what does Quashing of FIR do? If i file it.

cm jain sir (ccc)     08 November 2011

you can get interstate anticipatory bail from Mumbai high court or/and stay of arrest from UP high court if you get FIR copy. pls move immediately for these after FIR is lodged. you watch closely their move. 

Ego is the main issue here so if possible try to convince her if you had not done anything wrong thru some common freind or relative. police and court are not going to help you or her once it goes there. mediation concelling is best from freinds and relatives not from court or police becoz there a nexus operates. If compromise takes place then also be careful for the future and always collect evidence if you r right. Try to shed your ego as @Alok had mentioned in your earlier thread.

complain to local police for threat of life and police protection when you go to UP.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     08 November 2011

Dear friend

in UP there is no provision for anticipatory bail if any case filed or registered against you or your family u/s 498A IPC then the UP police can came mubmai and arrest you and your family. to save yourself and your family you can filed a quash petition before HC Allhabad and get arresting stay or any other relief with the Copy of FIR, but if the case registered after magistrate order U/S 156(3) Crpc then certified copy of the order is also neccesery.

feel free to call

help.me.with.divorce (manager)     08 November 2011

Some more well guided step by step answers??????? please...

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     09 November 2011

Brother,

 

You be in touch with a good lawyer in Allahabad and in her native place.

 

Also have your ears on the ground to move for stay on arrest ASAP after you know about the registration of the FIR.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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