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My wife filed fraudulent case of 498a and DV against me and my family members. She is also demanding
28-Jun-2023 (In Divorce Law)
My wife filed fraudulent case of 498a and DV against me and my family members. She is also demanding for Rs 10lakhs. At the same time she wants to file FIR against us and wants to live with us too. Mediation at CAW failed and they referred me to Court Mediation at Dwarka. In Court Mediation also, she is keep on saying that she wants an FIR to be registered. However counsellor at Dwarka Court is very mature and told her that she will not achieve anything by filing this case as she might end up spending her 6 to 7 years in litigation. But she doesn't understand that... My question is, failed mediation at Dwarka Court will result in FIR registration. My question is, how difficult/easy it is to apply for an anticipatory bail. And what is the right time to do so? Also I am in a need of a good lawyer. Plz help
Query perused. I would advise you to apply for anticipatory bail immediately upon registration of FIR and not before that. Though all the family members whose names finds mentioned in complaint before CAW would be impeded in the FIR but I would advise you to wait till registration to know the exact status. For further consultancy and legal services you may contact us.
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Adv. Anubhav Kathuria
Delhi | 500+ Answers
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You need to file for anticipatory bail once FIR is lodged. Filing for anticipatory bail is not difficult as it is a matter of right. You will get anticipatory bail provided you dont violate the terms of your bail.
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Adv. Shreshth Jain
Delhi | 100+ Answers
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Hi
You can file the anticipatory bail right after the FIR is registered. It is not difficult at all to apply for anticipatory bail. If you have a good case on merits, you can get bail from the court. If she hasn't registered any complaint as of now, you should start collecting the documents and evidences against her and you can also file a complaint against her for cruelty which could help you in getting divorce and will be a good defence in future litigation proceedings. Otherwise, settling the matter is always better than fighting cases in court, but you need to safeguard yourself by doing as I said above.
You can file the anticipatory bail right after the FIR is registered. It is not difficult at all to apply for anticipatory bail. If you have a good case on merits, you can get bail from the court. If she hasn't registered any complaint as of now, you should start collecting the documents and evidences against her and you can also file a complaint against her for cruelty which could help you in getting divorce and will be a good defence in future litigation proceedings. Otherwise, settling the matter is always better than fighting cases in court, but you need to safeguard yourself by doing as I said above.
Helpful?
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Adv. Pallav Gupta
Delhi | 25+ Answers
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