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Author Topic: 498a/307 on husband and a separate 498a/406/506(II) on husband amd parents  (Read 138 times)

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Offline Dwaipayan_dad

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I want to ask the expert about the remedies available for my severe case. Since inception of my marriage I had a troublesome matrimonial life with my wife as she wanted to snap all my relationship with my parents who live in a completely separate accommodation in my vicinity. In the month of October I had a rift with my wife over the same issue and she left for her parents house on her own volition. Later that day she instituted a case against me u/section 498a/307. Police visited my place with a copy of complaint and informed me that my wife wants to continue a peaceful conjugal life thus instructed police not to arrest me if I agree to do so. In the event of peaceful coexistence she will withdraw the case in future. I agreed and started living with her. But she continued mental torture on me and I finally filed for anticipatory bail u/section 438 in lower court. My wife who happened to be a lawyer influenced few member of the bar association of the lower court opposed my bail and the application got rejected. Immediately I filed another 438 in high court which was allowed. The whole incident took around 45 days. After the bail was allowed, I moved to my parents house to avoid any more trouble. After a week again my wife went to local police Station and this time she filed a complaint against me and my parents. And a separate case of 498a/406/506(II) has been registered against me a d my parents. Police has given a 41a notice to us. Kindly tell me what should be the next course of action from our side

Offline kalaskarkk

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Re: 498a/307 on husband and a separate 498a/406/506(II) on husband amd parents
« Reply #1 on: December 30, 2017, 04:22:55 AM »

YOUR JUST FILE A CASE FOR RESTORATION OF CONJUGAL RIGHTS.  BETTER GO FOR MUTURAL DIVORCE WITH THE INTERVENTION OF COMMON FRIENDS.


Section 41, 41A, 41B of CrPC which govern arrest by police without warrant

41A. Notice of appearance before police officer. – (1) The police officer *[shall], in all cases where the arrest of a person is not required under the provisions of sub-section (1) of section 41, issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice.

(2) Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice.

(3) Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested.

**[(4) Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent Court in this behalf, arrest him for the offence mentioned in the notice.”

*[Clause 41A Inserted by Code of Criminal Procedure Amendment act, 2008 and sub-clause (1) further modified by Code of Criminal Procedure Amendment act, 2010]

**[sub-clause (4) substituted by Code of Criminal Procedure Amendment act, 2010]
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003. Karnataka.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com

Offline advjaibansal

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Dear Sir,

This is the notice for participating in the investigation, please appear and participate in the investigation. this will also help to avoid the arrest as you will be joining the investigation.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

 

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