Wife may file a 498 and 307 case against me

849 votes

If your wife files FIR under 498A/307, arrest is possible but you can prevent it by immediately applying for anticipatory bail for yourself and family. Keep all proof of her false allegations ready. Do not ignore any police notice, cooperate in investigation, and consult a local lawyer without delay. But generally in 498a cases, Delhi police after SC guidelines didn't arrest immediately.

Advocate Adarsh Kumar LawRato

600 votes

If your wife files an FIR under Section 498A (cruelty by husband and relatives) and Section 307 (attempt to murder), then technically the police do have the power to arrest because both are cognizable and non-bailable offences. However, the Supreme Court in several judgments, particularly in relation to Section 498A, has directed that arrest should not be automatic and the police must follow due procedure, including conducting a preliminary inquiry and seeking approval of senior officers before making arrests. In practice, though, once such an FIR is lodged, there remains a real risk of arrest if you do not take legal precautions in advance. The safest legal step for you and your family is to apply for anticipatory bail under Section 438 CrPC immediately after learning about any such complaint. The court, while considering bail, will look at the fact that your wife has been living separately for six months, that there is no medical record or direct evidence of attempt to murder, and that the allegations appear to be retaliatory. Anticipatory bail can protect you and your family from sudden arrest and allow you to contest the case on merits. If you appear without bail protection and the FIR is already registered, the risk of being taken into custody is higher, especially because Section 307 IPC is considered a serious offence. Therefore, do not wait; prepare in advance with a lawyer and move anticipatory bail for yourself and your family members.

LawRato LawRato

570 votes

Hello Sir Sorry to hear about your current situation, Yes she can file an FIR under Section 498A and 307 while Section 498A is a bailable offence while 307 is a cognizable and non bailable offence in which there is provision of arrest without warrant in 307 IPC as soon as the FIR is filed, you need to get anticipatory bail at the earliest to avoid arrest , Rest we can coordinate to discuss further details

Advocate Rohit Lakra LawRato

845 votes

In case if you fear false cases from your wife's side it's better that you keep a ready strategy after discussing with a lawyer. Anticipatory bail can be an option once such a case is filed. Moreover you can file cases against your wife and in-laws to create pressure if facts and circumstances of your case allows. You can call for a detailed discussion

Advocate Vikas Sharma LawRato

697 votes

Hi there, unfortunately the answer is YES if she proceeds to file complaint it will be a trouble for you and your family. Generally the chance of arrest depends on the allegations and evidence but since you say she's a good liar then probability is high. It's advisable to contact me and provide more details to assist you better.

Advocate Ishan Parashar LawRato