Matrimonial dispute and misuse of 498-a
ARAVIND
(Querist) 14 May 2014
This query is : Resolved
I GOT ARRANGED MARRIED ON 20-02-2014 . WITHIN 24 HOURS MY WIFE SAID THAT I AM NOT INTERESTED YOUR COMPANY .BECAUSE I ALREADY LOVED SOMEONE MY PARENTS ARE FORCED ME TO GET MARRY . SO IF YOU SAY THIS MATTER TO YOUR PARENTS BEFORE I LEAVE YOU I WILL COMMIT SUICIDE ON YOUR BUILDING .THEN YOU AND YOUR FAMILY MEMBERS WILL GET TROUBLE WITH MY FATHER BECAUSE MY FATHER IS A POLICE CONSTABLE . AFTER HEARD HER STATEMENTS I MENTALLY DISTURBED I CANT EVEN SHARE THIS MATTER TO ANYONE . ON 05-03-2014 SHE LEFT HER HOME AND SHE REPLIED TO MY PARENTS THAT SHE SUFFERED WITH HOME SICKNESS AND SHE WILL BE BACK IN A WEEK . LATER ON 05-03-2014 MY WIFE AND HER PARENTS DID NOT RESPOND OUR CALLS . ME AND MY FAMILY MEMBERS ARE CAME TO KNOW THAT THEY WERE CHEATED OURS FINANCIALLY AND MENTALLY . NOW AFTER 3 MONTHS 01/05/2014 .SHE AND HER FATHER WHO IS A POLICE CONSTABLE DIRECTLY APPROACHED THE COURT AND FILED A PRIVATE COMPLAINT ON ME AND MY FAMILY MEMBERS U/S.498-A , DOWRY ACT , 506 , 294-B , ETC .. BY CREATING FALSE STORY THAT ON 13/04/2014 ME AND MY FAMILY MEMBERS TREPASS THEIR HOUSE AND BEAT HER AND HER PARENTS LIKE THAT .. WE HAVE A STRONG EVIDENCE AT THAT TIME AND DATE WE ARE IN MY HOME TOWN . SHE LIVED ONLY 3 DAYS INDIVIDUALLY IN MY HOME AND REMAINING 10 DAYS WE VISITED HOLY PLACES AND WITH RELATIVES . IN ORDER TO COVER THEIR MISTAKES HER FATHER INFLUENCED POLICE INTELLIGENCE AND PUT FALSE ALLEGATIONS . AND TRYING TO PUT ALL MY FAMILY MEMBERS IN JAIL . TILL NOW NO FIR IS FILED .BUT HE IS INFLUENCING POLICE . WE CAME TO KNOW THAT MY WIFE AND HER FAMILY MEMBERS ARE TRYING TO DRAG MONEY FROM MY SIDE SO IN ORDER TO CREATE DISTURBANCE THEY FILED NON BAILABLE SECTIONS ON ME AND MY FAMILY MEMBERS . MY WIFE IS INTERESTED TO GIVE DIVORCE BUT SHE SCARE HER PARENTS . SO PLEASE SUGGEST ME WHAT ARE THE LEGAL PROCEEDINGS AFTER PRIVATE COMPLAINT WAS FILED BY MY WIFE IN COURT ? AND BEFORE INVESTIGATION THE POLICE MAY FILE FIR ? BEFORE COMMUNICATE ME THE POLICE WILL FILE FIR AND CHANCE TO ARREST ? WILL I AND FAMILY MEMBERS GET BAIL ? WE HAVE NECESSARY EVIDENCE WILL THEY CONSIDER BEFORE FIR ? PLEASE HELP ME SIR .
ajay sethi
(Expert) 14 May 2014
if FIR is filed obtain anticipatory bail from sessions court for family members named in FIR
V R SHROFF
(Expert) 14 May 2014
As FIR not yet file, issue Letters to Police, with all details, and "ask them not to initiate any action: arrest: without due investigation. That her father acting ultra-vires, mis-using his Police Post and influence, against the law and order to grab money, punishing the VICTIM only!!
Rajendra K Goyal
(Expert) 14 May 2014
Proceed as advised by the experts, if FIR lodged, move for anticipatory bail.
Engage a local lawyer to defend you.
ARAVIND
(Querist) 14 May 2014
my lawyer is saying that without FIR number we cant apply for anticipatory bail . is dis correct sir ?
Raj Kumar Makkad
(Expert) 14 May 2014
I do agree with the experts hence no more to add.
P. Venu
(Expert) 15 May 2014
A copy of the FIR, if filed, would be available with the jurisdictional Magistrate. Based on that you can move for bail.
You are too overwhelmed by the official position of the FIL. Kindly have the confidence that no one is above the law.
ARAVIND
(Querist) 15 May 2014
thank you sir/s. for giving me confidence .first time for me too face this kind of problems . that is the reason i am mentally disturbed . sir , based on my above mentioned case . can i get divorce ? my wife is accepted but she scare her parents because he is a police constable many times and use to beat her daughter with belt . and finally her father plan is to grab money in the form of assets from us . thats the reason he is very much influencing his police intelligence put all non bailable cases such as ....294-B ,323,447,457,498A,506 AND DOWRY ACT SEC 3 & 4 .IS HIS PLAN WORKOUT ? WE HAVE ALL EVIDENCE IS IT WORKS BEFORE LAW . PLEASE ADVICE ME SIR .
ARAVIND
(Querist) 15 May 2014
thank you sir/s. for giving me confidence .first time for me too face this kind of problems . that is the reason i am mentally disturbed . sir , based on my above mentioned case . can i get divorce ? my wife is accepted but she scare her parents because he is a police constable many times and use to beat her daughter with belt . and finally her father plan is to grab money in the form of assets from us . thats the reason he is very much influencing his police intelligence put all non bailable cases such as ....294-B ,323,447,457,498A,506 AND DOWRY ACT SEC 3 & 4 .IS HIS PLAN WORKOUT ? WE HAVE ALL EVIDENCE IS IT WORKS BEFORE LAW . PLEASE ADVICE ME SIR .
Devajyoti Barman
(Expert) 15 May 2014
You have nothing to worry.
Once bail is granted the fang of the cases gets disabled.
Police influence can do nothing as afar as merit of the case is concerned.
Raj Kumar Makkad
(Expert) 15 May 2014
If your wife is with you, every problem can be sorted out. Try to meet your wife secretly and file a mutual divorce petition without knowledge to her father and get the next date of second hearing meant for second statement and repeat the same process and thus you shall get the desired results.
ARAVIND
(Querist) 15 May 2014
thank you sir
