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kumar deekay (respondant)     25 January 2010

Leagl remedy

 My friend's Wife has filed complaint with Police CWC Cell one month back. We came to know on 24.1.10 when received notice. She is Living with her parents since last one year. She took away his 4 month son also. My friend tried his level best to take her back but no solution. Her Parent told him to live seperatly to which my friend denied. She is asking for Divorce since last 5 months But he denied also. One day she called him and demanded Rs 50 Lakhs and threatned if he will not give her divorce, she will implicate all his family members in false cases of 498a and DV act. Now she has filed complint with Police. I suggested him to attend the CWC and tell the police. what legal remedy is available to him in this situation. He dont want to loose his child. Please suggest.



Learning

 4 Replies

Devajyoti Barman (Advocate)     25 January 2010

If the 498A case is already initiated then the immediate remedy is to apply for anticipatory bail to avoid arrest. For the child unfortunately he can not get the custody though he can get an order for visitation of the child.

kumar deekay (respondant)     04 February 2010

Dear Prabhakar ji,

Thanks for your guidance,

If his wife is admant for divorce in CAW and  he agreed to give divorce also, what he has to do in that situation to avoid the consequences of 498a.

 


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