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Vikash Kumar (Home tutor)     05 May 2013

Please help me by guiding what should i do

 

 Basically I am from Bihar - Gaya, & residing in Bangalore.

First thing first - Got married in Patna in Jan 2012.

 

At the time of my marriage I was working (as a recruiter in a private firm in Bangalore).

After my marriage I left my wife to “mayke” in Patna. And came to Bangalore to report to my company. That time I was staying with my elder brother since our another house (which is there on my father`s name) was getting ready to be occupied it took some time.

 

I asked my wife to wait for some time, say another 15 days…but they (My sas and my wife`s cousin) became impatient and brought my wife to Bangalore, where I was staying with my brother and elder sis-in law.

 

Then after some days we (Me, my wife, my mom and dad) moved to our new home. From there I continued my work but since I am more interested in teaching I decided to change my profession and for the same, I left my job sat at home, and started  preparing for NET exam from April 2012 till now.

 

After leaving my job in April when I sat at home in order to prepare for exam, my wife`s attitude started changing towards me, and my parents. Every 2-3 days she used to raise an issue and started fighting with us. During all this days she was in a regular touch with her mother through mobile SMS and basically her mother use to guide here what you do and don’t . In May her mother lied that she was in coma and she wants to see her daughter in an immediate basis. That time somehow we arranged her to go to Patna.

 

 

In Aug 2012, I took her to Mysore for a day visit.  To cool her down but nothing changed in regards to her behavior and she kept her enemy like behavior towards her. Rather she started demanding new new things daily. Around Oct end for the second time again she started arranging for a tatkaal ticket for going to Patna (for chatt and dipawali). Since trail tickets was available only in the month of Dec. 2012, I booked for that, but she got very adamant and threatened us and  she will to go to Patna before depawali or she will jump from 5th floor and die.

 

We got a bit scared, spoke with her mother and father on phone and even and handover her to one of the guy which I did not know who he was as I met him for the first time in my life , but she claimed him a friend of her another cousin.

 

After she went in Nov. 2012, there wasn’t any communication from either side. In Feb 2013, we(me+my parents) came back to our home town from Bangalore thinking that this is the high time, if they aren’t speaking we should go to them and speak.

 

The real drama starts in the month of March 2013 when my parents (as a senior person) went to my wife`s mayke in Patna, to have a talk and solve the issue. There they put numbers of issue on me and my parents, that we were not keeping her in a good condition, I am not earning, etc. etc. My father-in-law also stated that “whatever happens we are not sending her back”.

 

On knowing my Mayke’s intention we said OK to them, and asked him to proceed for Divorce. And in a mutual 2nd meeting (between my parents and my father in law) they agreed on 5 Lakh alimony. When my father asked him for proceed for joint petition for divorce and take the money of 5 Lakhs on the final day, my father in law turned back and asked my father first to transfer 5 Lakhs to his account only then he will do the necessary legal things. But we have decided to give the alimony amount only though legal way.

 

On advice of advocates in we have filed an informatory report and sec. 9 which advocate said they are for my betterment and support in case of AB if it is needed. And this notice they are holding for some time and not provoking my in laws to file any case. Till date they have not filed any case against us.

 

Again we are in a cold war mode and just waiting for call from my in-laws side. even i want to take divorce with my wife. There isn`t any point staying with her for the while life if her attitude in not matching. on the other side i am afraid of 498 a , and warrents and if i dont get an AB,,then going to jail without ant  reason. 

 

Please help me what should we do in this case....???

 

Regards

   

 

 



 16 Replies

kalyan singh Ex public Prosecu (advocate)     05 May 2013

You can file a suit in district court for restititution of conjugal rights.This will help you while getting anticipatory bail in case she file 498a against you and your parents. 


(Guest)

Dont think of living with her again, you will easily be booked under a 498a.

For safety purposes, since the final deal is not yet over, take an AB for yourself.

Dont pay any money to your FIL or transfer of funds. Let it be cash or DD to be given in the court hall itself and the party ie wife signs for MCD then and there itself.

Vikash Kumar (Home tutor)     05 May 2013

Dear Need Justice, 

Thanks for replying me, please check below for ur asked boubts

Point 2: Yes we both discussed with on the career changing issue very well, and she was the one who was more positive on me to change the career.  

Point 4: But isn`t it too late to if i submit an application "now". 

I have already filed Sec 9 and the informatory report. 

Even though i wasn't working there was not financial scarcity. i was taking care of her completly as far as financially is concerned.  

 

Vikash Kumar (Home tutor)     05 May 2013

Dear Helping Hand, 

 

Can i take a AP now i mean before any warrent is issued against me. and if your answer is yes and i take the AB, till what time that AB will be vallied? 

 

Regards, 

Vikash

Vikash Kumar (Home tutor)     05 May 2013

Dear Adv. Kalyan, 

Thanks for replying to me, i have already file a suit in district court for restititution of conjugal rights (Sec 9), and even i have done filed an informatory report at the dist. court. 

 

Regards

Vikash

Vikash Kumar (Home tutor)     05 May 2013

Dear All, 

 

 

My humble request to all is to provide me with valuable feedback n course of action that can be taken & how to get rid off all this

Regards
Vikash

(Guest)
Originally posted by : Vikash Kumar

Dear Helping Hand, 

 

Can i take a AP now i mean before any warrent is issued against me. and if your answer is yes and i take the AB, till what time that AB will be vallied? 

 

Regards, 

Vikash

 

 

After filing of a congizable case and before arrest one can apply for anticipatory bail.


Regarding period of validity of anticipatory bail it depends upon the discretion of the court to grant the duration of validity of anticipatory bail.


Generally court grants anticipatory bail for a period of 30 days and after the period of 30 days one need to apply for regular bail.

Vikash Kumar (Home tutor)     06 May 2013

 

Dear All, 

 

 

My humble request to all is to provide me with valuable feedback n course of action that can be taken & how to get rid off all this

Regards
Vikash

Vikash Kumar (Home tutor)     08 May 2013

Hi All, 

 

Any more sugesstions? 

 

Vikash


(Guest)
Originally posted by : Vikash Kumar


 

Dear All, 

 

 

My humble request to all is to provide me with valuable feedback n course of action that can be taken & how to get rid off all this

 

In simple words, get divorce ie MCD to get rid of all this.


She is only contemplating now that you have agreed to pay the money.


They will come. DOnt worry.
Regards

Vikash

Vikash Kumar (Home tutor)     24 May 2013

 

Dear Sir, 

We have done the section 9 and informatory report (not yet reached to my FIL, both of them are suppressed by my lawyer till now since we don’t want to put ghee in the fire. They also haven’t filed any case till now), so there is no warrant issued against me.

 

My doubt is “can I get the “REGULAR BAIL” even thought there is no warrant issued against me” (as in this case), if yes the RB will be of what tenure?

 

I am also an epileptic patient since my college days, which have now been treated almost by 80%; we haven’t mentioned that fact to my FIL at the time of marriage which was also the main reason of my wife leaving me. Can this also be a basis for them to file the divorce case against me since epilepsy is a completely curable disease? 


(Guest)
Originally posted by : Vikash Kumar

 

Dear Sir, 

We have done the section 9 and informatory report (not yet reached to my FIL, both of them are suppressed by my lawyer till now since we don’t want to put ghee in the fire. They also haven’t filed any case till now), so there is no warrant issued against me.

 

My doubt is “can I get the “REGULAR BAIL” even thought there is no warrant issued against me” (as in this case), if yes the RB will be of what tenure?

 

I am also an epileptic patient since my college days, which have now been treated almost by 80%; we haven’t mentioned that fact to my FIL at the time of marriage which was also the main reason of my wife leaving me. Can this also be a basis for them to file the divorce case against me since epilepsy is a completely curable disease? 

If she does not want to live with you, nobody can force her to live with you, same goes for you.


They have not filed any case, good for you. 


If you expecting cases filed against you, take AB.


Regular bail only when you are arrested, and go to jail.  Then you can seek regular bail.


But why do you worry about all that.


If you want wife, convince her to come back.  Forget the past and lead happy marital life.


If you dont want wife you can file for divorce, go for MCD, pay her good money, she takes money, you get your freedom back.


Regarding epilepsy, that cannot be a ground for divorce, as it is treatable.  


In the meantime stop worrying and think about what actually you want, wife or life?

1 Like

(Guest)

Suppressing a material fact before marriage is grounds for annulment.And if your epilepsy is serious,then it may be a ground for annulment.But she has to file before 1 year of separation is complete.Since you have also cheated her,why don`t you compromise and pay her some money for MCD.

Vikash Kumar (Home tutor)     24 May 2013

Dear red, 

 

But they are not aggreeing for MCD,  first they want us to transfer sum of 5 lakhs to his bank account, then only my  FIL is ready to listen.

What sould i do? 

 

Regards, 

Vikash

 


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