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498aFighter (Analyst)     11 January 2011

Please advise regarding 498a/DV/304B


Can few lnd members provide me some suggestion on my following situation.

 

I got married in May 2008 and just few days after marriage relationship between me and my wife turned sour. After I braught this situation infront of her parents, they started abusing me and my family and threatend me of false dowry cases on me if I gets separated from her.

 

Due to that I wrote one mail to SP, DSP, IG, DIG of my distrct & DGP of my state in Sept 2008 and they took action on that. However I stopped them to take any harsh action like arresting them or so. Despite  that her and her parent's behaviour is not changing.

 

She is very short tempered and fights on very trivial issues. She also threatns me of commiting suicide and also tried to slit her wrist couple of times, anyhow I was able to stop her.

 

She also wrote couple of suicide note and mentioned that she did some wrong and won't be able to face anyone so want to end her life. These suicide notes are with me. She did not alleged anything on me or on my family members in those notes.

 

I also have 4-5 video recordings of my conversation with her about her threatening me of sucide, in which she clearly confessed that she did some wrong in her life and if I will get seperated with her then she will end her life as she has no other option. She also confessed that me and my family members are kind to her and never tortured her in any way.

 

Now I have decided to part with her and take divorce as I cannot bear the torture anymore. But I am sure that in that case she will either file false cases like 489A/Dv etc. or she will again try to end her life(as she is very short tempered).

 

My questions are:-

 

1) How should I approach for divorce so that me and my family should not get harrassed in case of false cases or her suicide.

 

2) In case she file 498a etc, will the evidences I mentioned above(her notes & video recordings) help me in geting the AB and winning the case later on.

 

3) If she commites suicide will her suicide notes with me help me and my family members in geting the AB or regular bail and winning 304B even if she write a fresh note alleging me and my family for her act.

 

Please advise!!



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 2 Replies

Avnish Kaur (Consultant)     11 January 2011

very tricky situation. keep all the evidence in safe custody . meet an expert lawyer with all the evidence with you.

file divorce fast, ur lawyer will be able to protect u easily with the kelp of evidence.

Sanket Sharma (AM)     12 January 2011

What is the next process, if the witness doesnot appear to court after two dates in 498A case


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