How can I resist an arrest in the case of domestic violence related to dowry.. false accusations..

Madam, If you have received court notice to appear in the domestic violence case, engage an advocate and appear in the case and contest. In these type of cases, usually the petitioner(wife) drags the relatives of the respondent (husband) also to the court to only gain the sympathy of the court and nothing else. If you can able to clear your name from all the charges, you will be free. For specific suggestions on the case, please engage an advocate and consult with him as it is difficult to advise without perusing the case papers. Regards, Adv.B.Srikiran 9618069453 Hyderabad

Domestic violence case: Man fails to turn up in court, arrested; No provision for warrant….Distress Warrant only. court should have issued a distress warrant against the husband, Chitale said, adding that there was no provision for issuing an arrest warrant under the Domestic Violence Act. https://timesofindia.indiatimes.com/city/pune/Domestic-violence-case-Man-fails-to-turn-up-in-court-arrested/articleshow/9376491.cms No warrant in DV Act and 125 CrPC proceedings Case Law: https://indiankanoon.org/doc/138110089/?type=print Bombay High Court Mr. Sachin vs Sau. Sushma on 6 May, 2014 The procedure for getting compliance of the order passed under Section 125(1) of the Code of Criminal Procedure is available under Section 125(3) of the Code of Criminal Procedure, which runs as under :- "125(3). If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month's (allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be,) remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made: Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made 5 wp305.14 to the Court to levy such amount within a period of one year from the date on which it became due: Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this Section notwithstanding such offer, if he is satisfied that there is just ground for so doing." 7. The procedure for levying of fines is available under Section 421 of the Code of Criminal Procedure as under :- "421. Warrant for levy of fine - When an offender has been sentenced to pay a fine, the Court passing the sentence may take action for the recovery of the fine in either or both of the following ways, that is to say, it may - (a) issue a warrant for the levy of the amount by attachment and sale of any movable property belonging to the offender; (b) issue a warrant to the Collector of the district, authorising him to realise the amount as arrears of land revenue from the movable or immovable property, or both of the defaulter:" 8. Thus there is absolutely clear provision under the Code of Criminal Procedure, which lays down as to how the amount of maintenance, final or interim, is to be recovered. The Magistrate, in my opinion, could not have issued non-bailable warrant directly. He should have followed the procedure laid down in sub-section (3) of Section 125 and Section 421 of the 6 wp305.14 Code of Criminal Procedure. In the scheme of Code of Criminal Procedure, in the first place, the Magistrate was under obligation to issue a warrant for levy of the amount by attachment and sale of any movable property. The other remedy available was to issue a warrant to the Collector of the district, authorising him to realise the amount as arrears of land revenue from the movable or immovable property, or both of the defaulter. The Magistrate could have sentenced the petitioner for the whole or any part of each month's allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be, remaining unpaid after the execution of the warrant, to imprisonment for a term which might extend to one month or until payment if sooner made. 9. As such the first option available to the Magistrate was to issue a warrant for levying fine. If whole of the amount was recovered by adopting the procedure under Section 421 of the Code of Criminal Procedure, the question of putting the defaulter in prison did not arise. In case amount was not recovered or part of it was recovered and part of it was not recovered, then the question would have arisen as to how much sentence should be imposed on the defaulter as per the provision laid down inthe Code of Criminal Procedure. The stage of issuing warrant comes only after sentencing and not before that. 7 wp305.14 10. In view of above discussion, it is abundantly clear that the order dated 02-4-2014 passed by the learned Magistrate in Misc. Criminal Application No.890/2012 cannot be sustained. It needs to be quashed and is accordingly quashed. The respondent is at liberty to take necessary steps in accordance with law. 11. Rule is made absolute in the above terms. JUDGE

You can approach HC and get your name deleted.

No arrest in dowry cases till charges are verified, says Supreme Court …..family welfare committee NEW DELHI: Expressing concern over disgruntled wives misusing the anti-dowry law against their husbands and in-laws, the Supreme Court on Thursday directed that no arrest or coercive action should be taken on such complaints without ascertaining the veracity of allegations. Acknowledging a growing trend among women involved in marital discord to abuse Section 498A of IPC to rope in their husbands' relatives — including parents, minor children, siblings and grandparents — in criminal cases, a bench of Justices A K Goel and UU Lalit said it was high time such frivolous cases which violated the human rights of innocent was checked. This is a shift from the dominant judicial conception of women as victims who would silently suffer injustice rather than bring disrepute to their family by taking domestic conflict outside the four walls of the home. Going by the popular portrait, it is only the worst victim of abuse among women who approach the court for redress. On Thursday, the court broke away from the reigning perception to rule that in dowry cases, the account of the alleged victim need not be taken at face value. Undercutting the innocence law enforcement agencies had so far assigned to complainants in dowry harassment cases, the Supreme Court on Thursday directed all states to set up family welfare committee (FWC) in each district and tasked them with testing the veracity of every complaint. "It is a matter of serious concern that large number of cases continue to be filed under Section 498A alleging harassment of married women... Many such complaints are not bona fide. At the time of filing of the complaint, implications and consequences are not visualised. At times, such complaints lead to uncalled for harassment not only to the accused but also to the complainant. Uncalled for arrest may ruin the chances of settlement," the bench said. "We are conscious of the object for which the provision was brought into the statute. At the same time, violation of human rights of innocent cannot be brushed aside," it added.