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Nishant (Doctor)     13 June 2012

Anticipating a 498a from my blackmailer wife

I filed for a divorce against my wife after 4 years of hell . She was then staying with her parents at bombay and working in a hospital there. She filed for a transfer of the case to Lucknow (her hometown) at Allahabad high court claiming to be living there with her grandmother and was jobless , but her petition was turned down by the learned judge  . So now she had to come to varanasi family court and fight her case.. So she did a smart thing ....entered my house like a thief knowing that we wouldnt be able to do anything  about it.  Next her parents came and said sorry and asked her to be given one last chance(having taken some 10 chances before). But we did give her a chance and told her parents that  I would withdraw the divorce case if she behaved properly and adjusted in our house. 

The next three months were very difficult for her as she was actually trying to behave . However she lost patience quickly and was soon speaking to her lawyer....who suggested that she files for domestic violence against my family to blackmail us into withdrawing the divorce case filed by me.   Her petition is very clumsy and will not stand the scrutiny of the court...and she realizes it.  Having filed the DV she lived like a ghost in my house for 2 months while I moved out to another residence in the same city.   But now she it seems has lost faith in her DV case and is looking for something bigger to teach me a lesson .as far as I can see it, could be a. 498a .      She has suddenly decided to visit Lucknow for couple of days and I fear she could be upto something .

so my question is 

 1). So on one hand she has filed a DV in Varanasi ..and at the same time delayed my divorce petition by giving an application claiming that she is living happily with me and my family and requested the court for time for amiable solution.     Then can she suddenly take off to Lucknow and file an FIR there?  If yes what are the possibilities now?how can I beat her at this game?

                         Regards



 4 Replies

DR. KANHAYALAL SHARMA (TAX CONSULTANTS)     13 June 2012

These kind of cases are common where even though the Hon'ble Supreme Court has frowned upon the Law Commission had to melt before the women's organisations perhaps in dread of them to not touch the section 498A of IPC which is the most abused provision in law perhaps. Though there is little in law , you may take shelter before the High Court that she has threatened to file cases under 498A and seek for protection and if necesary also take shelter in Supreme Court. You can offer to fully co-operate with the police but be protected from arrest and harassment. I hope other experts can give better advice.

Anjuru Chandra Sekhar (Advocate )     13 June 2012

If you are too apprehensive of an arrest file for anticipatory bail.

Nishant (Doctor)     13 June 2012

In UP there is no provision for anticipatory bail.

I spoke to my lawyer who thought that it was difficult for her to file an FIR in the local police station since my  case has become well known and so the police would not register the case . So she might try and file a FIR from Lucknow where she might be well connected.   So if she manages to do that can police from Lucknow come and arrest me here in Varanasi ?

M V Gupta (Advocate)     17 June 2012

How come there is no provision for anticipatory bail in UP? Pl check the position with another Lwyer who is well acquainted with criminal laws. Further u can make use of her statements filed in the divorce case that she has been living withg u amicably etc. to defend yourself in any complaint under Sec. 498A.


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