Need advise

Mr.Anand,

Your friend's fears are not completely unfounded. 498A/406 IPC are heinous criminal offences that are more misused than used. But there are anti-dotes to the problem. The Supreme Court and other High Courts have time and again recognised that these laws are getting misused and certain safeguards have been laid down, (also see Delhi CP guidelines). A timely intimation of your apprehension to authorities - coupled with other legal pre-emptive actions - you can be saved.

Feel free to get in touch !

Dear Sir

Thank you...

What are the preventive  meassures we can take ?

He will be coming on a one month holiday only.

Regards

Siva

The relationship between a cruise cook, who visits only twice in a year  and MNC official may presumably not compatiable, until there is an emotional bond between them.  As there is lack of closeness between the couple due to nature of his duties, naturally physical and emotional needs of both husband and wife are not fulfilled.  If your friend wants divorce, it is a fit case for mutual consent divorce, which he has to initiate and ask her wife to severe the relationship without bitterness.  He may succeed and there may not be scope to face any criminal case. 

If he visits India twice in a year and he married two years ago, then how many times he meet his wife to anticipate such False cases ..where He is not in touch with her for the past 1 year!

my sister is 21 and she registered her marriage before four mnths without our family members knowledge,,,now she realised her mistake tat the guy is not really in love with her ,she teared the certificate but still the guy is blackmailing her and torturing her saying tat keeping the matter of registration he would spoil my sisters life nu.i dnt know wat to do.last week she got married with a new guy as per our parents arranged but daily she is dying in distress,as the old guy says he can spoil my sisters life ah but the certificate is no more pls tell me some solution

@Venkat

please start a new thread to get expert's reply on your problem.

how to start a new thread

Thank you Experts.

He came during May2011 and now intends to visit during June 2012.

He spoke to her over phone only a couple of months ago and there is no email communication.  as you rightly said, they do not have any personal bonding and he wants to file a divorce.  But he is worried whether she may agree for divorce or not and may foist false cases against him when he visits India...

Hence I have raised the query...

Please let me know, any preventive measures should be taken before he visits India....

Thanks and Regards

Siva

@venkat,

With the few facts you gave, it appears that she committed legal wrong by marrying a second person without getting divorce from the first marriage.  Find a good advocate near your place and take all  documents and explain the position.  This matter requires to be dealt sensitively and sensibly.

@shivkumar anand,

In matrimonial matters, immediate arrest does not happen.  If there will be a criminal complaint from the wife's side, before arrest the police will initiate conciliation/mediation process and after failure of the same only, the arrest follows.  So, your friend can come here and initiate discussion with his wife for mutual consent divorce.

Dear Advocate Chandhu

Thanks for your wise advise.

Will do the needful

Regards

Siva