Legal Question in Family Law in India
Need Help-2
Second Part - Continuation of previous question
3. Can we go for Anticipatory Bail to High court with out even knowing Crime number or FIR number? 4. We can get the FIR if registered using Right To Information Act, but the problem is once they have a doubt that we are processing about this, they will start action on that FIR and immediately arrest my friends old aged parents and B. 5. If my friend A goes to India, will it be any problem 6. Can my friend A take an Anticipatory Bail with out knowing FIR Number or Crime number before going to India 7. If my friend A goes to India can he come back and work in US again. 8. is surrender of passport and Visa is must if my friend A goes to India? If it is done is there any way to come out? 9. Can my friend (A)�s wife file a 498A against B and B�s parents without including my Friend (A) and their parents in it? Since B and B�s parents are also close relatives of A even before this marriage.
2 Answers from Attorneys
Re: Need Help-2
Go for anticipatory Bail and then can come to india
Re: Need Help-2
(3) Yes, legally one can; but not advisable because High Court may prefer to have the views of Sessions Court first;
(4) The apprehension is not true; you may make an application to the SHO of concerned police station for a copy of FIR, if any. In any case, when you file the petition before Sessions Court, the police will disclose about FIR;
(5) There should not be any problem in going to India;
(6) Possibly yes, by applying to the Sessions Court;
(7) Surely, he may return to US and continue working;
(8) It is not a must; however, court may direct surrender of passport depending upon gravity of the offence; however, one can fight against such an order;
(9) I am not clear about your statement; the case should involve the husband and his relatives; sans husband, it makes no sense.
The opinion recorded above is based upon your incomplete and vague statements/assumptions and may vary after perusal of documents. This is without any professional responsibility and the actual situation may differ.