498a
ssingh
(Querist) 09 April 2015
This query is : Resolved
i got married in 2008 in punjab and soon after that the problems started at home. i and my family were threatened for many things like for frequent visits to her home town, getting property in the name of my wife else some policewala relative of the ladkiwala would drag me to the jail and also that they would get 50 ppl and set me right for which i filed a complaint in 2009. i and my family were always on the back foot and my wife used to make trips to her parents' house every 2 months.
i started living with my wife at a rented accommodation but the problem remained .
in july 2014, my wife again fought with me and left for her home town with all her belongings(including her jewelry and clothes ).
after a lot of thinking i filed for a divorce in august 2014 and on the next date (oct 2014) my wife appeared before the court .
i must mention here that there was no complaint against me and my family till jan 2015.
in jan 2015 an FIR against me was registered at their local thana. i quickly filed for an anticipatory bail and got an interim bail with the basis of an after thought counter blast action taken by the ladkiwalas with a condition to join the police investigation. i have been cooperating with the police since then but the IO doesnt appear before the court for the hearing of the bail(2 dates till now) due to which the judge keeps on extending the interim bail . the next date is due in this month.
i am not being able to get an anticipatory bail .
during this period i have also got a re-inquiry marked to a senior official in the police and have given all the relevant evidences and got statements recorded of relatives and friends.
i cannot figure out the behavior of the police who is pressurizing me for a compromise.
what should i do now?
is there any relief for me in the high court?
SAINATH DEVALLA
(Expert) 09 April 2015
Well, she left UR house in July 2014 and U filed for divorce in Aug 2014,just 1 month after she left UR house with all her belongings and jewelry.Oct 2014 the date given to appear and she appeared before court(what was her contention or reply to the divorce notice and what did the HON. Court say) U didn't make efforts to bring her back during the period of 1 month U had at UR disposal before filing for divorce.
Mr Singh something vital is missing in Ur query to come to a conclusion and provide U with a reasonable reply.
ssingh
(Querist) 09 April 2015
thanks for the reply. all these six years of harassment and threats by my wife and inlaws had lead to mental harassment and a gradual process in my mind for a divorce. so finally when she went i filed for a divorce . this time around i did not want her back in my life.
in the court she just applied for an adjournment and asked for time to engage a lawyer and till date they have not filed a WS(reply).
SAINATH DEVALLA
(Expert) 09 April 2015
Ok, when U post a query U have to come out with complete facts, so that we can guide U properly in proceeding further,because U had not mentioned initially that U were being harassed by them for the last 6 years.
Well, relief in the High Court, not right now. Wait till the outcome of the next adjournment, as she has too represent herself with a lawyer and file the written statement.Can U kindly explain why FIR was filed in Jan 2015,3 months after the 1st hearing? If the IO is siding with UR inlaws, he will behave in similar manner, thats not the concern.
We
ssingh
(Querist) 09 April 2015
our main matter of concern right now is the hearing of the anticipatory bail on 20.4.2015 and not the divorce proceedings.
and by high court relief i meant applying for sec-482.
i must mention here that all the claims and allegations made by my wife are oral and she has not produced any evidence . all their lies were caught by the police officer during the questioning .
the interim anticipatory bail was granted on the basis of FIR being a counter blast to the divorce petition.
SAINATH DEVALLA
(Expert) 09 April 2015
Ok,But the court will rely on the police inquest and the report submitted.I don't think 482 at this stage will not be of much beneficial, the chances are only 30%. What does UR lawyer advice?
ssingh
(Querist) 09 April 2015
i need more opinions please
SAINATH DEVALLA
(Expert) 10 April 2015
The more opinions U solicit the more UR brain will be taxed.Don't U know the law of diminishing marginal utility in economics.
