Legal Question in Criminal Law in India

My wife left me after a quarrel between us last month. Though it was a verbal dispute, she went on to call the police and dramatized the entire issue by complaining that I and my family bit her on that day. The police, upon seeing that my wife was in perfectly good physical condition, didn't register any case against us but simply moved the girl from our house to her uncle's house. The next day, we heard, she left for her paternal house in WestBengal. We are from Maharashtra. So presently, she is in West Bengal. Basically the girl wants to me to live independently from my parental family and I am against it. Thats the problem. We have explained to her that she can continue to live with me as long as she is willing to live with my parents. But she is adamant about living separately from my parents. My question is

(1) Can she now claim that I have deserted her without providing adequate care to her and can her claim amount to criminal offence against me? Can she therefore lodge 498 against me from West Bengal?

For your information, we have got the copy of Police logsheet where the Police logged the telephonic complaint of my wife. We also got the phone recording of the telephonic talk between me and my wife where I clearly urge her to come back and live with me in my hometown.

(2) If at all they do book me under 498A from West Bengal, how long does it take for arranging bail? Can I take anticipatory bail in this regard?


Asked on 2/04/11, 12:44 am

1 Answer from Attorneys
Manoj Lekhi Lekhi Associates Advocates

your first question is the ansuwer of second question.

1) she can file but for that she has to prove the same

2) above said proof will be helpful for getting bail because as per the FIR copy police did not find any mistake from your side and it proves her wrong intention.

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Answered on 2/04/11, 4:25 am


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