Legal Question in Family Law in
Well we are an innocent family anticipating negative actions from our in laws...the wife is not living with us for more than 6 months after leaving without our consent, quoting she wont return after she was declined any of her requests to leave my parents and repeated threats of legal complaints and suicide....
we don't intend to fight neither do we want her..
so keeping all sections in mind we wanted anticipatory bail to save us from bars, shame in society, and peace of mind.. so how do we get it?
rakesh
delhi
2 Answers from Attorneys
the anticipatory bail would be filed only in the situation where she approached the crime against women cell by filing a complaint of dowry harassment. unless she moves a complaint the court would not grant any protection. however, in order to save your precious time, you may approach the family of the girl for settlement by seeking divorce by mutual consent.
You may file an application for anticipatory bail before the concerned Sessions Courts. However, in the absence of a formal FIR, the court may not grant you anticipatory bail but record statement of the government lawyer (PP) that you be put to adequate notice before any action on her complaint is initiated.
You may also consider returning her istridhan and providing her adequate maintenance without waiting for any proceedings initiated by her. A formal DDR of her departure from your place may also be got recorded with the local police expressing your apprehensions about possible false case that may be got registered by her.
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