Legal Question in Family Law in India
a case is registered in women cell in gurgoan
we were in final settement of mutual divorce by paying girl half amount on first motion and half on final degree of divorce. but now settlement is not going due to dispute of drafting of clauses in petition.
now pls tell me from women cell where the cawc asi refer the case .
i have heard that case go to dcp and he call both the parties then fir is written its true or not.
or the police came without any notice to arrest me and other members.
second i have no advocate scine i have no money left with me. i already made the draft in name of my wife for settlement.
6 Answers from Attorneys
case will be referred to DCP before registration of FIR. what is the problem about clauses draft
from the women cell case would be referred to DCP who may ask for presence of both the parties. Subsequently a FIR may be registered, But it is advisable that if the matter is at stage of settlement it is better if you 1-2 meetings and discuss the clauses on which there is no consensus and try to agree on something which is acceptable to both the parties. .
it is always advisable to file an application for anticipatory bail and the court would direct the concerned police station to send u notice before arresting so that you can reapply the bail. it is always advisable to be on guard rather than being caught off guard. you never know when the direction of f.i.r are given.
to get free advocate go for free legal aid. this cell is in your areas disst. and session judge. apply there for the same.
There is no anticipatory bail without a FIR and you can only take a stay from arrest from the court which would give you 3 to 5 days time to file an anticipatory bail once the FIR is registered against you.
in order to get protection and notice, you need to file an anticipatory bail only and while disposing off that bail, the court may grant you a week s time once f.i.r is lodged. i agree with suggestions given by Mr. Rajiv Gupta.