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Divorce petition filed by husband, FIR by wife registered after 18days


24-Nov-2023 (In Divorce Law)
Dear Lawyers, I got married 18th October 2021 and 13th December 2021 i met with a nearly fatal accident. Wife started ill treating me and didn't bother to learn anything about my crucial medical condition and the care it needs. October 21st, I filed a divorce petition and in second week of November I learn that wife filed an FIR u/s 498a, 406, 322, 354 (against my father) and IPC 377 (against me). Irrespective of the fact that recovered from an accident where I came out of a coma. Question is - how and where do i file my anticipatory bail? Also, can I continue my life normally? What steps should I take? Kindly advise
Answers (5)

Answer #1
910 votes
If the behaviour of your wife is intolerable towards you then it’s better to get yourself rid from her. And as far as the anticipatory bail is concerned it can be applied according to the police station and magistrate of your area. You should also focus on the divorce petition. For more legal assistance I am just a call away.
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Answer #2
940 votes
Would advise you to seek a detailed legal consultation from a lawyer having expertise in matrimonial laws to remove your doubts and formulate a strategy going forward. You need to file an anticipatory bail application where the FIR has been registered. Further you may contact
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Answer #3
694 votes
First of all you will have to file the anticipatory bail in the distrust court itself of the concerned jurisdiction and the trial of the said FIR will run side by side. In case the anticipatory bail of your is rejected in the district court, then in that case you can file the same in the Delhi High Court.

For any further legal assistance please feel free to contact.
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Answer #4
889 votes
Dear client

You may file your anticipatory bail before the sessions court first reserving your right to appeal. Secondly you should also file a petition under section 482 to quash the FIR and all related proceedings by taking the ground of counter blast action as you had filed the divorce proceedings before such an FIR was lodged.

Please feel free to get I touch to discuss further. Will need more details to guide you ahead.

Warm regards
Adv. Abhinav Sharma
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Answer #5
708 votes
You need to hire expert advocate in this regard. Generally police don’t arrest in 498 cases but 377 is crucial to see ! Yes we can file anticipatory bail at the convened court ! Kindly b in touch to understand the legalities
Thanks
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