Threats from In laws to use 498/mental cruelty.

Querist : Anonymous (Querist) 17 December 2010 This query is : Resolved
My spouse has left home threatening 498 etc after 5 years of marriage,if i do not leave my parents to live separately
with her.
she has already taken the money contributed towards the joint flat.Her family is threatening to go against my married sister and my elderly father who is a senior citizen. We have no issue from the marriage.
I want to stand guard for my family as they have already been left traumatised.
They called and slyly took my sister's address who lives in Noida with her husnband & in-laws and accused her of the break up. Threatened her of dire consequences.

Please suggest a good divorce lawyer in Delhi, i know my estranged spouse have hired the services of a HOGH COURT LAWYER.
What could be the possible out come if she does what she threatened.
what kind of approach shall we take to solve the matter and avoid any untoward hiccups or harm to my family.

Thanks & regards
Manish Sinha
msinha@metlife.com

My contact No : 9953105638,
Father's : 9999835440

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SAANJAAY GUPTAA (Expert) 17 December 2010
MR. Manish dont get panic by the name of a High Court Lawyer, if your case has merit Law will be with you even if you Dont have High Court Lawyer.
Filed a divorce suite against her.

Praveen Kumar Tewari (Expert) 17 December 2010
First of all you may file a complaint and divorce suite against your wife. You have meritorious case and be fairless

yogesh (Expert) 17 December 2010
If you have made your mind for Divorce then proceed against her by filing suit a divorce on the grounds of desertion and cruelty which is before the District Court?

Why you have moved to the High Court?

Don't get panic with 498A as Govt has taken it very seriously in order to get misuse

ThEre are some safeguards if the FIR is regisrered/ then you may opt for anticipatory bail before session court

The police will not harass you and your family even 498a is registered. They will first reprt the matter to the CAW(Crime Agaianst woman ) cell and when they find substance then only FIR will be registered and arrest are to made to the boy in question only after the investigations and even physical cruelty has caused to the spouse and after the approval from ACP/DCP/SP

lATER ON You can also file 120-8/108/500/215 of the IPC

s.subramanian (Expert) 18 December 2010
I agree with Mr.Sanjay.

Kirti Kar Tripathi (Expert) 18 December 2010
Agree with Sanjay, I want to add, The Courts are also aware of this type of tactics are adopted by the parties. So be bold and act upon the advise of your counsel.

DEFENSE ADVOCATE.-firmaction@g (Expert) 18 December 2010
Learn to fight and be persistant.

Advocate Bhartesh goyal (Expert) 18 December 2010
I also agree with Mr Sanjay.

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