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Husband filed section 13 of HMA. Wife files FIR 18 days later


24-Nov-2023 (In Divorce Law)
My question was, that if the husband has filed a case of cruelty against the wife, can the wife file a FIR 18 days after this petition has been stamped by the court? Is any anticipatory bail needed in this case?
Answers (3)

Answer #1
986 votes
The FIR can be registered anytime but the fact that it was registered 18 days after after the divorce petition has been filed will be taken into consideration while it’s arguments. And as far as the anticipatory bail is concerned it is needed to avoid any future arrest/harassment by the police. For more legal assistance I am just a call away.
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Advocate Jitender Singh

Adv. Jitender Singh

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Answer #2
663 votes
Dear client Your right to file a case under 498a is separate from your husband’s right to file a divorce proceeding. Both cases will be dealt separately before the courts however the FIR may be considered to be a counter blast action in the eyes of law as the same was filed after the divorce proceedings. Applying for an anticipatory bail is not mandatory however advisable as a legal practice. Feel free to get in touch to discuss further. Regards Adv. Abhinav Sharma
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Advocate Abhinav Sharma

Adv. Abhinav Sharma

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Answer #3
846 votes
Yes wife can lodge her complaint anytime despite of the facts that you have filed case of cruelty! We need exact details in this regard n the true facts to guide u properly Kindly b in touch asap to understand the legalities
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Advocate D. Khan

Adv. D. Khan

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