Precaution for avoid 498a Case
Querist :
Anonymous
(Querist) 16 November 2009
This query is : Resolved
I got married in the month of July 2009. And since very 1st day of marriage she started to fight for one or other reason like she was problem with living with my family member, few days I have ignore it and its may be new place and new family member and it will some time to accept it. But day by day she curtly was increasing. she want to left the my father house but its very difficult to me to do so hence my parents and sister are totally depend on me, me and my family member also tried our level best. Every time she threaten me and my family to if I not listen to her then she was call the police, I have also contract with her parents regarding the same problem many time but problem was still remain.. She was disturb me on every night when I an sleeping, he try to talk with me on forcefully even I also told... its effect I face on office work… she want I take psychically action against her and then she was go to police station or negotiation with me to listen her all demand.. Her family member also no all the thing but respond is zero... After one month she has gone to her mother place with her brother … after few day she call me and told me for same If I not listen her demand then she threat for my life and my family.. I have also told her to its not possible to living with her in this scenario… I have also contact with her relative for the same Issue but all are back fire me and If I not living with her then her family will take legal action against me… and file dowry harassment and curtly case against me and my family…
I have some call recoding of conversation between me and my wife…. Where she was threaten and blackmailing me … In this scenario what is my option to get separation with my wife and avid any false case against me???? Pl suggests me…
Raj Kumar Makkad
(Expert) 16 November 2009
Mr! In such circumstances, husband has no option but to compromise otherwise false implication of whole family in dowry case is common. So I suggest you either to convince her or to convince yourself and there is no other solution at this early stage of your marriage. No petition seeking divorce can be filed prior to one year of marriage. It is better to sacrifice the family for the sake of your wife at this stage.
Devajyoti Barman
(Expert) 16 November 2009
DEVAJYOTI BARMAN (M)9831174081
B,A.(Hons),MBA,LL.B
Advocate, High Court,Calcutta
Your problem is really an unfortunate one. As far as avoidnce of criminal case is concerned there is no way out but that should not deter you from nit succumbing to the pressure tactics of your wife. Please note that even if 498A case is registered against you and your family there would be no problem in getting anticipatory bail and once that is granted then half the battle is won and thereafter to prove you guilty a case beyond reasonable doubt is to be established.Don't forget to remember that a married life can not be led at gun point nor short term compromises can yield long term longibity. Wish you a happy and peaceful life ahead.
Sachin Bhatia
(Expert) 16 November 2009
It is better for you and your family to settle the matter with the help of some elders in the family. Now a days law is very much in favour of women. At this stage of your marriage it is advised that not to go for any litigation.
Querist :
Anonymous
(Querist) 17 November 2009
She also demand retune of money which expenses by her family in marriage and she also not want to living with me and also not given divorce to me.. I have registered one GD in local Police Station regarding the left my house with her brother and take away all her gold ornaments, three briefcase cloth and cash….
She also not allows me to any physical with her….
Can I have file case for judicial separation? Or ???????
Querist :
Anonymous
(Querist) 19 November 2009
Please sugget me...
