LCI Learning
Master the Basics of Legal Drafting in All Courts. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

S.B _Kolkata (Service)     25 August 2010

Can I file divorce first to apprehend 498a??

My wife is staying at her parental house from last 01 year willingly. After my several request she is so reluctant to come back and stay with my family. We have a kid also of 01 year old. She is sending me various sms everyday containing threatening, false fabricated story as well as asking me huge money per month. I have kept all the sms, took print out and stored backup in my PC. Now a days she has accused me by saying unsatisfactory of s*xual relationship also. Her parents are continuously regulating her to not to join her in matrimonial house. I apprehend that they may take legal action (498a/DV) against me and my family.

 

Before three days She and her mother suddenly visited our house in my absence and asked my parents to allow her to get the cloths from almirah. Desirably my parents answered her to come with my baby first and she may allow the same in my presence. Then they started shouting and created some scene, given threatening and went on.

I am thinking to file divorce first on the ground of cruelty. Is it suitable for my case? What are the problem to be faced by this? Other way what shuld I do now? Please advise...



 4 Replies


(Guest)

@ Mr. Rao.


1. May I know as a reader what is the reason to put same que. into three other question format ?


2. Under https://www.lawyersclubindia.com/forum/Wife-started-torture-on-my-family-23091.asp you asked the same que. which readers replies and there was good Q & A too in abv. quoted thread.


3. Let me give you a good advise now; Family Law is not rocket science it is about knowing thoroughly some 10 sections of IPC / CrPC / Civil (HMA) that is all and if this step self education is crossed over then go over thoroughly last 2 months Family Law and Criminal Law Forum of LCI post threads and you have self graduated to available level to face your wife boldly in any legal platform.


4. I am fully aware you may not like my lecture above but then as a responsible person don't you think you are asking same question again and again instead of continuing same thread whose web link is stated above ? Sir let be honest to each other is it not about conserving precious bandwiddth of LCI forum one and here ld. members out of helping attitude take out their precious time from practice and profession to give expert reply and will it not cause some sweet scratch in some sweet place if a member in one day comes back and splits same message and ask same question by opening three threads !


Keep thinking aloud and you are not alone here getting into a loop.........

Radhakrishnan (BPO)     26 August 2010

According to your statements, I would suggest you can apply divorce under the section 13 (Cruelty). Make sure that you have all sms records and messages stored on confidentially. Even you can store these in your email too.. because she may have a chance to damage your PC also.

If you apply for divroce straight order through from court, then that will be the favourable point for you at the time of argument. You can say at the women police station that based on the divorce copy recieved, she had filed a complaint under the section 498A and so on....

Even then nowadays the laws are favorable to the woman. the police officer may submit you in the court and chances of arrest. Make sure that, the following are essential while you decided for divorce

1) Lawyers cell number always in contact

2) Arrange for Anticipatory bail amount ( upto i guess 20,000rs)

3) Decide which place you are going to hide

Option -1:

Once if the police officer is calling for enquiry through phone, you may better escape from the situation. then the oppostie parties may insist the police officer to put FIR.  then you can apply for bail based on the FIR number that techniques will known by lawyer.... . If police peoples come directly to your home, then fate on you.

Option -2 :

You may give a complaint to the women police station nearby or your wife area wome police station, explaining the casue incurred and suffered by your parents. They may be take up this complaint first and they will call those parties for counselling. So this oppurtunity may helps you to develop the good relation with woman police officer. So that whenever your wife files an dowry complaint at that police station you can use the option-1

 

I am not an lawyer. i may be wrong but all the informations that i have given based on my real life which i am facing positively. If you have records you can win....

 

I wish you all the best

 

 

 

S.B _Kolkata (Service)     26 August 2010

thank you sir

S.B _Kolkata (Service)     26 August 2010

Can I visit her house and put pressure on them?


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register