S.B _Kolkata (Service) 13 March 2011

Please have a look on this case and advise me

We married in May, 09, stayed together but separated from my house up to June, 09. After onward, she gave birth of our child in 29^th august, 09 and staying with her parents.

She was convicted by session court accused for a looting case (gang robbery) in Kolkata in 2003, spent 6.5 years behind the bar (before marriage) and released in 2006.

Her father is well connected with the lawyers as well as political personals.

We do have a joint account having locker facility, ATM card, cheque book and key of the locker are with them.

Before marriage her father has got the sign from me and his daughter in a court paper (undersigned by me & my wife) stating that “knowingly we decided to marriage each other and have no grievance on them” so and so….. Actually he never gave me a copy of the same.

Earlier she was admitted an asylum (mental hospital) as she stated before marriage, I am trying hard to find out the institute.

After releasing from jail she has changed her name.

Every month I am sending her Apprx. 5500/- to 6000/- Rupees for the maintenance of her and my daughter, but she demanded at least 10,000/- pm which is not affordable for me.

Since last 1.8 years she is staying at her parents house with my kid and so reluctant to be rejoin with us. She used to send me assorted sms comprising of threatning, false fabricated story and asking me to send her the Birth certificate of my baby immediately.

Measures I have taken:

1. Every month I am sending her money through NEFT (net Banking) and keeping the receipt.

2. Already I sent her 03 nos letters with AD asking her to come back and join with us.

3. I have kept all the soft copy as well as print copy of her fabricated sms.

4. Some telecon had been recorded.

5. Written a letter to Local police stating all her behavior but yet to be send.

6. Staying with my old parents to give them mental support, informed them in detail about the consequence of filing false 498a/DV/406 case by my wife to get them prepared mentally.

7. Already discussed the matter with some good friend to be aware them for the upcoming case.

Under this situation what are the step to be taken by me to fight against the anticipated false 498a case and to save my old poor parents from the harrasement. Please advise me.

Thanks

S.B......

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6 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 13 March 2011

You have already prepared all things required in such type of cases. Apart from all precautions and preprations to face eventuality,

Can I put a simple question from you? Your marriage had taken place in May 2009 and she gave birth to a female child within 3 months of marriage viz. on 29th Aug 2009 means child is not yours and she was pregnant of 6 months at the time of marriage. Am I right?

if I am right then why did you not filed a petition under section 12 (1) of HMA seeking declaring marriage as null and void within one year of birth of such child?

It seems that you are permitting her to do so and are bearing her for no reason mentioned in your query. These facts can also help you if she files any case under section 498A/406 IPC.

adv. rajeev ( rajoo ) (practicing advocate) 13 March 2011

Raj sir has rightly pointed the date of marriage and delivery of child.

It seems that before marriage she was preganant. On this ground also you can apply for the divorce.

Ambika (NA) 13 March 2011

@Ld. Advocates

It is possible that he knew about her pregnancy before marriage. If he knew and accepted it and then got married. In that cae, he cannot make it a ground for any legal proceeding, can he?

Nowhere in this posting he has indicated that the child is not his child, therefore it is possible that that the child is his own and they got married after the lady had conceived.

S.B _Kolkata (Service) 15 March 2011

Dear All Advisor,

I am very sorry to made mistake to write our marriage date. It was 31st May 2008 inplace of 2009.

But one thing that I must inform you all, she had gone through an abortion which was found during her court case in 2003-04. I knew it after marriage and not reacted till today.