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kunal   05 May 2015

Need advice on 498a

Hi All,

I got married and its been 3 years and got one kid,all the symptoms shows that my wife and their family members are going to harass me with all the cases available (498a,dv etc .. ) 

reason 
1.she openly said that my parents should not stay with me or even they should not visit, actually my parents stated only for three months.
2.she wants money 
3.in simple she is expecting me to be slave to her and to their family 

situation 
Before getting kid she stayed with me alone,after delivery she stayed in her home for 8 months and then we called and  she came back , and another day she simply left home and went to their parents place we begged and wanted her back and she came.now again she left my place and didn't come back, almost 3 months gone , she is not even informing me,taken my kid also,they are doing it boldly because of these laws.No case filed yet 

question 
What i should do now ? 
what precautions i should take 
If they filed any of the cases will there be immediate arrest ? 
what are the laws i should be aware of (498a,dv..rcr .. ) 
what are the chances of winning 498a ? and how many years it will take ? i dont think there will be any proper proof for   them because we didn't do anything 

your valuable suggestion will be helpful for my family 

me and my family are just normal people surely not expected a situation like this and we are feeling helpless, they are treating us like anything 

Kindly suggest on this 

Thanks
Kunal



Learning

 5 Replies

Senthil kumar (Recruitment)     05 May 2015

Hi Kunal,

 

Send a legal notice with a help of an advocate to the commissioner regarding 498a intimidation .

Send a legal notice to your wife asking for coming and staying with you.

 

these both will help you to fight.

 

Also employ a detective to find their intentions and get proofs.

 

 

kunal   06 May 2015

Hi senthil,

Thanks for your reply 

Please tell me what is the safety if i send legal notice reg 498a intimidation ? 

 

T. Kalaiselvan, Advocate (Advocate)     06 May 2015

You have to decide about continuing the married life with her anymore or not, if you have decided to part your ways with her because of her continuous mental torture, you may apply for divorce on the same grounds.  Dont worry about her false cases, in case she happens to file one, you may obain AB and challenge her cases properly in the court.  Though the law appear to be women biased, actually it is not, it will look like a terror but when you go for challenging it, the same will be tamed. You have to decide abot your matrimonial life and the futureof your child and initate steps accordingly.  Consult a local lawyer and discuss all the issues including pros and cons of the proposed actions. 

1 Like

Adv k . mahesh (advocate)     07 May 2015

read different queries from this forum you will gain some thing as already you are staying separately with your parents then what is their problem before going through any legal step include any elderly person from their family to solve the issue

kunal   08 May 2015

Thanks sir for your replies.Your replies are rellay giving me strength.Thanks Kalaiselvan,mahesh & senthil 

Sitll their problem is i should not go and see my parents and i should give my salary and they are not allowing to take my kid to my parents.Its really a mental torture for me.I am feeling helpless 

On what chances i can get my child back ? 

 

 


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