Consultation for divorce

Raman Verma (Querist) 01 March 2014 This query is : Resolved
Hi,

My wife left my house on 18 Sep 2013 in presence of her father, mother, brother, maternal uncle and aunty with all her belongings. From last 5 months i don't have her information. We are talking in phone but she never tell me about her address. Yesterday i got a notice (FIR Registry) from her native place mahila thana to appear there on 10 march 2014. In the registry post they have not send me any details about the FIR. I need a consultation in my case.

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ajay sethi (Expert) 01 March 2014
you should contact a local lawyer . you should go with your lawyer to mahila thana .

find out details of FIR lodged . if necessary apply for AB

prabhakar singh (Expert) 01 March 2014
Yes! engage a local lawyer and visit Mahila Thana along with him/ her.

Raman Verma (Querist) 01 March 2014
Thanks for your suggestion. Sir i stay in bangalore and complain filed in Uttar Pradesh. Is is really require to be present myself there. I am staying with my mother and its difficult for me to left her alone for 6-7 days.

ajay sethi (Expert) 01 March 2014
yes you have to attend mahila thana in UP .

prabhakar singh (Expert) 01 March 2014
And in UP AB still unavailable.
Manage things prudently.

Raman Verma (Querist) 01 March 2014
Sir is it possible i can file a mutual understanding case from bangalore or talk to police station(UP) in phone or give legal notice from my end with the reason why i am not able to be present there. I have fear that if i go there, they will put false blame on me. Every time when her parent called me they always gave me threat.

Devajyoti Barman (Expert) 01 March 2014
Even if you file any case now, that would have no bearing on the FIR already registered. You should have filed such case after left your home.

You should now engage an advocate and file quashing on Allahabad HC so stay on arrest may be granted.

You should contact Prabhakar Singhji. He is from UP and he can render all possible assistance.

Mohan Kumar (Expert) 01 March 2014
what devajyoti said is correct

Guest (Expert) 01 March 2014
Agree with Shri Devajyoti Barman.

Rajendra K Goyal (Expert) 01 March 2014
Well advised by the expert Devajyoti Barman ji.

R.K Nanda (Expert) 01 March 2014
nothing to add more.

Raman Verma (Querist) 01 March 2014
Thanks everyone for your help. Just i came to know that they filed the complain against 498 IPC. Its totally false case as my wife not staying with me from last 5 months even after trying so many times from my end she never told where is stay. Her family always trying to pressuring me by telling she left the job and staying with her but i came to know that she is still working and in the same company. Today i was reading about the 498IPC section, its mention there if husband and wife are not staying together then girl family cant file 498. I want to know is it correct? Please suggest me in case of 498 case how i can save myself. I know i am innocent and all the cases are false but i dont know how i can proof myself.

T. Kalaiselvan, Advocate (Expert) 02 March 2014
Once a FIR has been registered u/s 498a, the police will not listen to your genuine plea and wil not at all be bothered that whether you are innocence or guilty, they will proceed as per law, it is better you do not attend the police station before getting an order of not to arrest and then visit the police station, after that make compromises with her side to continue or not to continue the marital life any more and other bargains.

V R SHROFF (Expert) 02 March 2014
"I know i am innocent " need to be proved in court. Only after evidence / trial.
So engage Advocate, take steps suggested by Shri Barman.
We never read, what you read,"Today i was reading about the 498IPC section, its mention there if husband and wife are not staying together then girl family cant file 498." so send that article/ law to us to read too. it's good news for all husbands.

Consultation for divorce

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