Legal Question in Criminal Law in India

My brother married one and half year back, my brother's wife nature is very abusive, now she's staying to her parents place from last 5 months, we have received a court notice for maintenance CRPC 125 asking 20000 RS Maintenance per month in that letter it is written that ....my brother/father/mother and me were torturing her and beating her for money. Now they are threatening us for 498a or maybe they have already filed, I just want to know -

The girl is from UP and we are now in Delhi.

1- Is it possible they can arrest all family members including bro/father/mother/me if yes how what will be duration for jail.

2- I don�t live in Delhi, I am in Hyderabad (husband�s brother), and does it impact to me also. I only stayed 2 months with them initial days.

3- How to save my family? Please help.


Asked on 6/08/12, 4:18 am

3 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

in case the FIR is lodged in UP, you may have to move the Allahabad High Court as there is no provision of anticipatory bail in UP. secondly, if you are named in the FIR, even if you are in Hyd, you need to file the petition for stay of arrest in HC. in order to save the family from harassment, you may retain a lawyer and explain him your defence.

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Answered on 6/08/12, 4:27 am
Sanjay Kalra Sanjay Kalra & Associates

The answers to your queries are here in below :-

1) Yes.

2) Engage a good lawyer who would guide you in each step.

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Answered on 6/08/12, 8:33 am
Shrichand Nahar S.V.Nahar, Advocate

1. Arrest is possible. Arrested person remain in custody until released by court.

2. May be.

3. Take suitable legal recourse.

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Answered on 7/18/12, 3:29 am


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