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Siddharth (IT Consultant)     27 August 2013

498a and rcr

I had some diagreement with my wife as she wanted to persue B Ed. In anger I once said if you want to this then leave home. She left home with her brother though is tried to stop. In past she had given me and my family mental torture and threatened us for dowary case. We haven't taken any dowary. After this I filed an RCR and tried to talk to my wife but she blocked my call. The day she left home I had given a written information to police that she left my home and her family has threatened us. It made me frustated so yesterday i called her father and brother many times and called them dog.Can they file a police complain against me?
Next thing i want to ask is that can they still file 498A. If yes what should I do and what are your suggestions? Is still I am in a risk of being arrested if they file 498A. After filing 498A if arrested how much time will be required for Bail? Will it be regular or anticipatory? I am living with my mother, is there any risk for my mother also?
 
One thing I would like to mention is that I want a divorce and dont want my wife to come back. I have filed RCR only as a precaution against 498A.
 
Thanks


Learning

 3 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     27 August 2013

Dear Querist

498A is a legal terrorism in present situation & there is always apprehension of Husband's family. Contact a Lawyer personally with all the documents


(Guest)
I had some diagreement with my wife as she wanted to persue B Ed. In anger I once said if you want to this then leave home.
 
 
Opinion: This is not the right attitude to deal with your wife's desire. If she had thought of doing B.ED then wht's wrong in that. It's not necessary that those who do they have to live in hostel only...she can do from the present city.
Other benefit: If she would have become teacher,then she would have contributed you finacialy. If not financialy then you would have saved your future maintenance to pay her.
 
 
She left home with her brother though is tried to stop.
 
 
Opinion: Kaise stop kiye the ! Haath nai pakda tha kya?
 
Ya gale nai lagaya tha after fight;(

 
 
In past she had given me and my family mental torture and threatened us for dowary case.
 
 
Opinion: Sab ka Bahi khata bana ke rakho.....sudh samet sab ka hisaab lena waqt padne pe.

 
 
We haven't taken any dowary. After this I filed an RCR and tried to talk to my wife but she blocked my call.
 
 
Opinion: Very gud move you have done,this shows you love your wife but she is still ruthi hui hai.....


The day she left home I had given a written information to police that she left my home and her family has threatened us.
 
 
Opinion: A gud move again,but without any threatning given by her on false cases,you made yourself as safe......very smart haann!

 
It made me frustated so yesterday i called her father and brother many times and called them dog.
 
 
Haaaaaaaaaaa,

Opinion: Dog kaho ya donkey kaho chahye kaho langoor jab talak teri biwi unke saath rahegi wo case karega jaroor.....!

For filling a case no body needs to be called as dog or anything if their intention is to harass you they can file cases through your wife at any time.

So,further don't use abusive language,be polite in your conversations as you are on scanner they might be recording you...mind it.


Can they file a police complain against me?
 
 
 
Opinion: Same as above


 
Next thing i want to ask is that can they still file 498A. If yes what should I do and what are your suggestions?
 
 
Opinion: Yes..... women cases can be filed at any time just like other cases,nobody needs to clear enterance examination prior to filling..Lol

 
Is still I am in a risk of being arrested if they file 498A. After filing 498A if arrested how much time will be required for Bail? Will it be regular or anticipatory? I am living with my mother, is there any risk for my mother also?
 
 
Opinion: 498A is a cognizable offence,once FIR lodged your arrest is also lodged.......Bhag sako toh Bhag lo jab Tab AB nai milta.

Yes,if her name is also included in 498A. then so...

 
One thing I would like to mention is that I want a divorce and dont want my wife to come back. I have filed RCR only as a precaution against 498A.
 
 
Opinion: Wrong advices are not given to right people

But right advices are also taken by wrong people

So, Brother don't utilize the LCI's advice to make yourself innocent,If you are right then you will get everything but not then worst is not over for you...mind it.
 
---------------------------------
 
For genuine brothers there is a link as under for whole 498A ,DV & Maintenance cases.
 
 
 
1 Like

Raja_498a Victim (Manager)     27 August 2013

if that is the only reason that she wants to do BEd, then it is not good to give divorce. At this point of time best way is use mediators and relatives and solve the issue. If some thing is in ur mind (to divorce her), just talk to her and go for mutual divorce.

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