Legal Question in Family Law in India
Dear Sir,
Thanks for your reply.
My wife always threats me to sue me and my family u/s 498A. She has complainted twice in Women Cell & Police station resulted public compromise all the times. She wants me to ask my share in mother's house, Now the situaltion is so bad that if i dont accept her illegal demand, she might give false complaint, inspite of the fact that i am living on rent & not with my mother.
1) Can AB can be availed in such circumtances or before a FIR is registered.
2) In which circumtances AB is granted by the court.
2 Answers from Attorneys
yes, an anticipatory bail can also be filed without an f.i.r. and the court may grant a week s time to the applicant that in case the f.i.r. is lodged, they will not be arrested immediately and have time to move the court for AB. the courts nowadays are liberal in granting AB provided no serious allegations are levelled in the f.i.r. substantiated with proof.
Avoid litigation and try for an amicable out of court settlement.
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