Legal Question in Criminal Law in India

Anticipatory Bail/Precaution in advance

After getting into various Cri. (498A etc)/civil/matrimonial/Cyber cases for 3 years, I got divorced in Nov2007 with a settlement of 3.5Lacs; there after I left India. In Dec2008 my ex-spouse got married to someone. But still they/someone are putting defame able text on internet with my name. I am worried that can I be arrested/prosecuted on my visit to India. In past also my ex-spouse had filed a false case against me by putting a matrimonial profile on some social website with my marital Status as 'Divorced' and Salary as 50K/mth, so that she can easily get divorce and large alimony; Which was considered false in the court of law. As of now I don�t know any complaint has been made or not; But they have local influence in Alwar Police. My queries are: (1) Can I make a complaint against them that they are unnecessary making allegations on me and giving threats to my family(relatives). (2) Can I be arrested in India if they again make any false complaint against me? (3) Can I seek anticipatory bail in advance from Delhi court, so that I cannot get arrested mere on basis of a false complaint? (4) If they file complaint in Rajasthan, Does anticipatory bail from Rajasthan High Court is only valid?


Asked on 1/06/09, 3:35 am

4 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: Anticipatory Bail/Precaution in advance

1. You can make complaint. However, nature of wrong are very vague in your query.

2. One can be arrested, if a cognisable offence is registered against him/her. Whether complaint on the basis of which such offence was registered is or is not true/false may not be relevant at that stage vis-a-vis police.

3 & 4. Anticipatory bail is normally granted after registration of an offence. After registration of offence, you will know the court exercising jurisdiction. If offence is registered in Delhi, then Delhi Court. If offence is registered in Rajasthan, then courts there will have jurisdiction.

Read more
Answered on 1/07/09, 3:43 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Anticipatory Bail/Precaution in advance

before you visit india, its better if you hire a lawyer and he would enquire with the help of various detectives whether any f.i.r. is pending against you in the police station of alwar or delhi and in case it is there, he would file an anticipatory bail and procure the bail well in advance and then you can plan your trip accordingly. but as per the details mentioned by you, no offence of any sort is made out.

Read more
Answered on 1/06/09, 3:57 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Anticipatory Bail/Precaution in advance

Hello.

I would advise you to appoint a lawyer before you arrive to India. The lawyer would enquire through sources wheather any offences are registered or not.

Read more
Answered on 1/06/09, 4:16 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Anticipatory Bail/Precaution in advance

(1) Your apprehensions appear to be misconceived, if you have already got a divorce and settlement of all the disputes with your ex-wife.

(2) You have not mentioned if the 3.5 lacs you paid was towards return of her 'istridhan' or towards permanent alimony. Even if the money was only towards return of her 'istridhan', she may not be entitled to claim any maintenance from you since she has remarried;

(3) If there is no pending complaint, you may not be arrested; the court may not entertain your application for anticipatory bail.

(4) You may better play a little more smart and establish a rapport with the local police to find out if any complaint has been made against you.

(5) If anybody defames you or causes you undue / illegal harrassment, you are entitled to take appropriate remedies under civil as well as criminal law.

Read more
Answered on 1/06/09, 6:46 am


Related Questions & Answers

More Criminal Law questions and answers in India