How to Handle Fear of Arrest in Matrimonial Cases

July 8, 2017 – 7:23 am

Being arrested is a huge stigma in Indian society. Whether you are innocent or not does not matter and even if you are acquitted from the case later, the stigma remains. In general people in Indian society are scared of cops and do not want to entangle with them. This is a psyche which form to the fear. Parents always want the well being of their children and the last thing they want to see is their sons arrested in false cases. Most wife these days are aware of this fear who want to play the game. Even if they do not know about the laws, they come to know by dint of their family, unscrupulous lawyers. They use this fear to brow beat the husband and his family when she is not happy or her demands are not met.

Arrest causes mental trauma for the accused husband and he / his family is put through all sorts of pressure by the in laws family. They will threaten the husband and his family with false police complaints and lodging false cases in the court. No men would like to see his elderly parents, his sisters or family members arrested when they have not committed any crime. This breaks the men down. And it is exactly what the wife and her family wants. They use this fear and intimidation to control the husband and if they cannot control the husband then they use this method to do a settlement involving a huge sum of money. Please note that matrimonial issues are 10% legal and 90% a mind issue. You need to stay calm and your state of mind is very important in order to handle the issue properly.

So how do we handle the fear of arrest?

  1. Stay calm: Staying calm does not mean that you have completely got over your fear. The fear may be there but you are not over thinking about it. Overthinking will affect work performance and other aspects of live. It may also lead to depression.
  2. Handle your parents / Family: Assure your parents / family that you will be able to handle it and ask them not to panic. Dont keep discussing at length. Discuss logically what is needed.
  3. Get over stigma of arrest: If you have not committed any offence and you are arrested then it is a crime. It is a violation of your fundamental right. Society has done an injustice to you. It is one thing to feel bad about being arrested when you have not committed any offence and another thing when you commit suicide on it. You should never ever think of suicide. If you commit suicide then it break down your parents and your family’s will. Once you are dead, your wife will simply move on and the loser will be your family.
  4. Seek help: she or her family starts threatening you with court cases, try to record and gather evidence. using this you can get anticipatory bail. Contact men’s right organization in your city immediately. Discuss your case and visit their weekend meetings regularly. This will not only help you with guidance but also give you a space to tell your story where no one will judge you with preconceived notions.
  5. Legal: Try to get referral of good lawyers. You can also search internet for lawyers in your city. Speak to few lawyers and select one of good standing. Discuss you case and keep the lawyer prepared. He is the one who can help you with anticipatory bail and in the event of arrest, secure a regular bail.
  6. Arrest: So what if you are arrested! Before arrest you were the same person and even after arrest you will be the same person. Merely going to prison do not mean your life is over. When situation off arrest arises, you should always try to secure a bail in the relevant section she might likely file cases. If you are unable to get anticipatory bail and you are arrested, secure regular bail. Once you are out of jail, just prepare to face her in the court. Once you are out of jail or avoid jail, in most cases her most potent weapon is over.
  7. Do not fear the arrest, it is a tool used by many wife who want to intimidate and play games.

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