LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Maximus (SE)     22 June 2012

Suspect of 498a on me

 

Hi,

 

I got married in the month of Nov 2011, after the 2 days of my marriage; there are quarrels b/w their family and my family. My FIL is henpecked person and my MIL is arrogant, rude and bad lady. During the quarrel, I and my parents asked my wife whether she is willing to join in my house or not. Before the marriage, her mother told us that her sister is dead and she will not be involved in any of our family matters. Suddenly my wife spoke with her sister, decided to come along with us and join in our house. Both Sisters told that their mother is not good lady who will always quarrel with everyone. My Wife stayed in our house for 2 months, she use to call her sister everyday @ 11PM and let her know abt activities in my house. Now sister who was not in contact with her mother for 1 yr. took this opportunity to act as mediator b/w her sister and mother. After 2 months, her mother came to our house, had quarrel with me and she asked my wife to come along with her. My Wife rejected her offer. Her Mother denied giving her certificates and dressing also.

 

After 2 weeks my wife’s sister had quarrel with us, took my wife to her house and latter to her mother house. After that because of her mother brain manipulation, my wife used to threaten me. We took village panchayt to her house to resolve the issue; her parents told they will send their daughter to matrimonial house. After 15 days, my wife came put a condition, that she will stay only if her parents and her sister family stay in our house. We reject her condition, she filed a complaint in Women commission, where she mention my parents and me took care of her very well, but not allowing her to interact with her sister and parents. They counseled us and their family also. Latter on I attended training for one months, no one was at my house. My Wife family came and went back and filed petition again in women commission for second counseling (which I did not attended). Then we received threaten information from mediator that my wife is planning to file a cases against my family or they will go to police station and file a case against my family.  So we took a step ahead and filed for divorce, one time it return back due to house lock, during filling second time, I received call from Women Cell to attend for counseling to resolve family disputes.

 

I attended counseling, shocked to see complaint that she willing to join with me provided my parents should not be @ my house. She also told that I filled for divorce. They gave counseling asked me to accept wife otherwise get ready for consequences of 498a. Counselor told me 200% chances of filling 498a case on me.

 

We are in confusion that whether to file for divorce or accept her based on our conditions to skip 498a case.  If she files for 498a case, what are pre steps to make my family secure and not getting arrested? Can we get 7days stay on arrest, If she files a case, how to quash the case. We already applied for AB which got rejected. Can we apply AB before she files FIR on me or send mails to DCP,ACP and other police station nearby to her house that I’m innocent.

 

 

 

Please help me out on this aspect.



Learning

 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     22 June 2012

Dear Maximus, 

 

A couple of things :-

 

1. for AB FIR is not a condition precedent - but practically a complaint atleast is - if there is a CAW Cell complaint yo should get AB in all probability or the lesser variant 7 days notice bail. 

2. To show your reasonability of your apprehension of arrest - mails/intimations to DCP/ACP would come handy and would greatly help. 

3. Divorce petition normally is to be filed within 1st year - but courts are liberally taken them up within 1st year itself if exceptional hardship or depravity if shown. 

4. Follow the following steps - Intimate (alongiwth necessary judgments/guidelines) >> get Notice Bail >> Divorce or RCR as the case may be. 

 

 

Good Luck !


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register