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Gagan (business)     07 March 2010

case u/s 498

Dear All,

I have a query for a case as details given below. prompt reply will be highly appreciated from the lawyer.

One of my friend was married in Jan.2002. Due to the continuous herrassment from the girdl side to involve the family members in dowry cases, the boy got seperated from his joint family and started to live seperately in a rented accomodation in March 2003. Immediately after getting seperation from his parents and family members, his parents debarred him and his wife from all their properties and assets legally by publishing the notice in newspaper. But even after seperating from family the boy was mentally herrassed by her and family members continuously by threatening him. Due to the fear by keeping in view the law prevailing in the country, the boy ran away from the house by writting letter to the concern police station of the area that he is running from the house due to the mentall herassment and threatening from the in laws.

After that the girl is living with her family and the boy is living in not living with his parents. the girl has filed number of cases against the boy family like maintenance and domestice violence and dowry etc. The boy is absconding and not appearing in any of the case. The boy family members have got the bail from the court of law. after living seperately from the last more than five years , the girl has filed a case of divorce u/s 13 (1a) (b).

She is not ready to do any compromise. can the senior lawyer can suggest to that poor guy who is running here and there by fearing the law, how he can fight this situation and how can the members of his family can file the cases against these false cases u/s 498 , 125 etc.

Kindly send ur suggestions and proper guidance.

Thanks  & Rgards

 

 



Learning

 2 Replies

Binod Kumar Mishra (Government Service)     07 March 2010

Dear Gagan,

 

first off see the present position of all the cases filled by the girl side. is there any non-bialiable arrest warrnat has been issued or not. if issued, then the boy has to surrendered before court of law and has to take regular bail.

 

furthermore, if the girl has filled divorce case under the said section, it is better for the boy to surrendered (if NBW has been issued then) and after taking bail, he has to see the divorce case and i hope so that he will get the divorce from the girl and that will be only end to his present problem.

Gagan (business)     07 March 2010

Dear Sir,

Thanks for your prompt reply. NBW has been issued against the boy.

As far as the maintenance case is going on  against their parents, it is almost on the ending point. The girl is not appearing in the case since the last one year.

The boy is worried that he may not get NBW and he may be arrested.

Kind Regards


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