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Private complaint u/s 498A filed by wife,how should I safeguard myself


09-Mar-2023 (In Criminal Law)
Hi Team, Background: My marriage was solemnized on 27th Jan ,2014 as per Hindu Religion. My wife stayed for three weeks and then left the home by her own. I tried bringing her back multiple times but failed and finally applied for Divorce in Dec 2015. She filed private complaint in Buxar court ( Bihar) under IPC sections : 498 A ,500,504,120 B,323 and Dowry prohibition act ( Bihar amendment) 3, 4 on 17th June , 2016. She also filed maintenance case on 3rd of Dec 2016. She also tried transferring the Divorce case from Bangalore to Buxar( Bihar) In supreme court, but failed. 2. In 498 A, I have not received any summon yet , but from court clerk have obtained the certified copy . In which , all others family members including parents name are removed. I ( husband) is named as accused in 498 a and DP 4. Rest all charges are removed. How to safeguard myself. There is no warrant or FIR being lodged.
Answers (2)

Answer #1
825 votes
In this case, as the summons are not received then there is no problem when you receive summons get bail and defend the case, at present just see if the Complaint and Fir if filed can be quashed in high court if there are no evidence against you.
Answer #2
542 votes
You can hire a lawyer and obtain an Anticipatory Bail from the court. As she has filed a Private complaint, if such allegation is true, the police will file the charge Sheet against you. Otherwise, the B report will be filed stating no offence has been made out.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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