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Wife staying away for 6 months and threatening to file a case


02-Dec-2023 (In Family Law)
pls suggest If I can apply for anticipatory bail, wife staying away since 6 months and threatening to file case. Or any other way I can protect my family......thnx
Answers (3)

Answer #1
688 votes
Depends on the seriousness of the threat of your wife and the status of relationship. If planning to divorce, then it would be best that you file it ASAP so that if she files an FIR then you can state that it is an afterthought to divorce. Also, anticipatory bail is fine and can be done.
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Advocate Vidhan Vyas

Adv. Vidhan Vyas

LawRato Delhi | 25+ Answers
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Answer #2
886 votes
Only if she files criminal case under IPC can you apply for anticipatory bail. not otherwise. She may also file domestic violence case which does not require anticipatory bail. And bail will get dismissed.
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Answer #3
510 votes
If your wife files a complaint u/s 498a/406, you will first receive a notice from police for joining the investigation. If you join then there is no need to worry about arrest. But it's always better to get anticipatory bail so any worry for an arbitrary arrest can be avoided.
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Advocate Kirtika Mukesh Bura

Adv. Kirtika Mukesh Bura

LawRatoDelhi | 25+ Answers
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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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