My wife filed false harassment CAW cell complaint with false MLC. We have a child. If I compromise at CAW cell and take her back, what is the future risk? if she files false 498a in future, can anticipatory bail be rejected based on the current complaints history? Can I be jailed for months which I have read can happen in case of second 498a though mine now is only a complaint? Can the current MLC be used in the future 498a? She will obviously not take back her complaint to be false, the complaint will have to be taken back that we have compromised, so the MLC will remain uncontested for now?
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You have to collect some evidence to support your allegation of false MLC. If you prove that MLC is false, you have two advantages: 1. You can take divorce on this illegal act on the part of your wife, which tentamounts to cruelty, which is a valid ground for divorce. 2. You can also file a complaint against her for forgery and cheating for filing false MLC. The only benefit of a compromise at CAW cell is peace of mind and restarting matrimonial life afresh. If your wife condones the cruelty on your part in writing, then she is precluded from using this false MLC in another complain under section 498A. Anticipatory bail can be granted to you only if you return 'Istri Dhan' (The gifts of your wife, relating to her marriage). If you get anticipatory bail, no question of jail arises. In case anticipatory bail is refused and you are also arrested, you will get regular bail in maximum 7 days time. Thereafter, trial under section 498A will commence and continue for 3-5 years. If your wife fails to prove charges of cruelty, you are liable to be acquitted. There is no need to take back MLC because after your compromise in CAW cell, in writing that MLC will loose its significance for future use.