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Tathagata Chakrabarty (Director)     28 October 2011

Anticipatory bail against dv act/498a

I am a 52 year old Male, married for 27 years. My wife was having a personality disorder since marriage wherein she, used insulting language at the slightest pretext aimed at almost anyone around her, as a result she has poor relations with even her own family

She used to threat me with committing suicide and putting everyone  in the family behind bars and also asked me to commit suicide if I could not buy expensive things. In May this year I got a job offer in Mumbai and also found out that she was having late night phone calls from male friends and later (verbally) admitted to having physical relations with some of them. She again repeated her threats that she would ruin my job by misusing the law if I did anything. I made a  complain to the local PS recording the above facts. I am now in Bombay but during one of my visits in end August  we had a verbal altercation  but she has informed me that she has lodged a complaint with  some social service organization for Violence against her and is planning to inform my employers or local police and has send threats to do so. Under the circumstances I have the following questions.

1.Since nearly two months have passed ,Is their any time limit within which the Service provider has to inform the Magistrate or the local Protection Officer. Can I ignore this threat now?

2.If I file a Divorce Suit now on the ground of this threat, and the fact that I have complained to local PS in June stating my fears, will I get protection/anticipatory bail from harassment under DV Act or 498a?

3.If I file a divorce suit, will she be able to create any problem in the job?

4.I have huge debts to repay-in case of Maintenance,will it be calculated only on my present income but also on the total position of my finances?

 



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 1 Replies

Advocate M.Bhadra   28 October 2011

There is no preventive measure against filing a criminal case by your wife,lodge a diary to the local Police with send a copy to the S.P.Wait for filing an FIR by your wife  then get a copy of it and file a petition for anticipatory bail in District or High Court.After getting bail you can file a Divorce suit if the time laps one year from the date of seperation from your wife.


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