DEAR MR. ABHIJIT KUMAR
YOU ARE SAYING THAT YOU ARE A MANAGER IN A BANK . I AM ALSO FROM A NATIONALIZED BANK ONLY . ARE YOU WORKING IN A NATIONALIZED BANK IN INDIA BUT HAVING THEIR BRANCH IN A FOREIGN COUNTRY . BECAUSE I HAVE WORKED IN THE HEAD OFFICE PERSONAL DEPARTMENT AND WAS ALSO LOOKING AFTER FOREIGN BRANCHES OF OUR BANK IN ADDITION TO RECRUITMENT AND TRAINING . SENIOR LEVEL OFFICERS FROM INDIA WILL BE SENT TO WORK IN FOREIGN BRANCHES BUT THE PERIOD IS ONLY 3 YEARS . IN SUCH A CASE THEIR SERVICE CONDITIONS ARE GOVERNED AS THAT IN INDIA . SO YOU HAVE TO BE A BIT CAREFUL IN DEALING WITH YOUR WIFE .
BUT MY ADVICE TO YOU IS ALWAYS COME OUT WITH THE TRUTH WHILE YOU WANT ADVICE FROM SENIOR MEMBERS OF THIS FORUM . YOU HAVE EARLIER STATED THAT YOU HAVE NOT TAKEN YOUR WIFE ABROAD BECAUSE SHE DID NOT HAVE A PASSPORT . ON THAT BASIS ONLY EVERY ONE WOULD HAVE GIVEN THEIR OPINION . NOW YOU ARE COMING OUT WITH THE FACT THAT YOU HAVE TAKEN HER ABROAD , AND SHE LIVED WITH YOU THERE ONLY FOR 6 MONTHS . WHAT OTHERS WILL THINK OF YOU NOW . BUT STAYING WITH YOU IN A FOREIGN COUNTRY FOR 6 MONTHS AND THEN COMING BACK TO INDIA ON SOME PERSONAL GROUND WILL NOT STAND THE SCRUTINY OF THE COURT THAT SHE DID NOT LIKE TO LIVE WITH YOU . SHE MAY SAY THAT SHE DID NOT LIKE TO STAY IN THAT COUNTRY AND THEREFORE SHE RETURNED BACK TO INDIA .
NOW THE BEST OPTION FOR YOU IS TO GO FOR RESTITUTION OF CONJUGAL RIGHTS ( RCR ) . THIS IS APPLICABLE FOR BOTH HUSBAND AND WIFE . BUT YOU MUST GET HER CORRECT ADDRESS TO SERVE THE SUMMONS ON HER . UNTIL THE SUMMONS ARE SERVED ON HER AND THE ACKNOWLEDGEMENT OF THE COURT SUMMONS IS RECEIVED , THE COURT WILL NOT PROCEED FURTHER IN YOUR MATTER . SOMETIMES THE ACKNOWLEDGEMENT OF THE COURT SUMMONS WILL BE RECEIVED , BUT IT WILL NOT BE PUT IN YOUR CASE BUNDLE . IN SUCH A CASE THE COURT WILL REPEATEDLY SEND SUMMONS TO HER . YOU CANNOT ASK FOR PAPER PUBLICATIONS IN A FAMILY MATTER AND THAT TOO ON YOUR WIFE . IF THE HUSBAND IS INVOLVED THEN THE COURT WILL READILY GIVE INSTRUCTIONS FOR PAPER PUBLICATIONS .
REGARDING SECTION 498 A OF INDIAN PENAL CODE , I WILL PROVIDE YOU WITH CERTAIN EXAMPLES : -
CRUELTY AGAINST MARRIED WOMAN BY HUSBAND OR HIS RELATIVES : - IN ANY EVENT THE WILLFUL ACT OR CONDUCT OUGHT TO BE THE PROXIMATE CAUSE IN ORDER TO BRING HOME THE CHARGE UNDER SECTION 498 A AND NOT de hors THE SAME . TO HAVE AN EVENT SOMETIME BACK CANNOT BE TERMED TO BE A factum TAKEN NOTE OF IN THE MATTER OF A CHARGE UNDER SECTION 498 A . THE LEGISLATIVE INTENT IS CLEAR ENOUGH TO INDICATE IN PARTICULAR REFERENCE TO EXPLANATION (b) THAT THERE SHALL HAVE TO BE A SERIES OF ACTS IN ORDER TO BE A HARASSMENT WITHIN THE MEANING OF EXPLANATION (b) . THE LETTERS BY ITSELF THOUGH MAY DEPICT A REPREHENSIBLE CONDUCT , WOULD NOT , HOWEVER , BRING HOME THE CHARGE OF SECTION 498 A AGAINST THE ACCUSED . ACQUITTAL OF A CHARGE UNDER SECTION 306 , THOUGH NOT BY ITSELF A GROUND FOR ACQUITTAL UNDER SECTION 498 A , BUT SOME COGENT EVIDENCE IS REQUIRED TO BRING HOME THE CHARGE OF SECTION 498 A AS WELL , WITHOUT WHICH THE CHARGE CANNOT BE SAID TO BE MAINTAINED .----
GIRDHAR SHANKAR TAWADE VS STATE OF MAHARASHTRA -- AIR 2002 SC 2078 : ( 2002 ) 5 SCC 177:
JT(2002) 4 SC 357 ; 2002 Cr. LJ 2814 . I HAVE GIVEN YOU ONE SUPREME COURT CASE IN SECTION 498-A CASE . IF YOU TAKE THAT CASE , YOU WILL GET SEVERAL OTHER JUDGEMENT OF OTHER COURTS AS WELL AS THAT OF SUPREME COURT . SO IF SHE FILES A 498-A CASE ON YOU AND YOUR FAMILY MEMBERS , YOU KEEP READY ALL THE MATTERS TO GO IN FOR A QUASH IN THE HIGH COURT . BUT YOU HAVE TO GET BAIL AND IF POSSIBLE AB BEFORE YOU GO AFTER HER . THE EVIDENCE YOU ARE HAVING MUST BE SUFFICIENT TO CONVINCE THE HIGH COURT . OTHERWISE THE HIGH COURT SHOULD NOT ENTERTAIN A PETITION FOR QUASH AND THEY WILL DIRECT YOU TO FACE TRIAL . KEEP EVERYTHING READY AND THEN GO FOR RCR .-JOSEPH WILFRED - 18/01/2014 AT 19.27 HRS .
