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ARINDAM CHATTERJEE (executive)     11 May 2015

Threatening of my wife

Anyone please help me,

From 22.02.2015 my wife leaves with her parents. She wants to go there as a toure and I take her with my 3 years old daughter for live someday there. Then she stopped all comunication with us. I visit her home with my dad and ask them what happend. suddently she told that she dont want to live with my parents because she cant tollarete my mom.

Then as per her wish I took a different home in rent and ask her to come. But she and her parents delayed it by some non sence reasons. In mean time they all creat a lot of mentall presure upon me and make me emotional blackmail. after that in 19 th April, 2015 when I go to bring her with my daughter in my new rented house then my father in law insulted me very badly. But still I want her back and ask her to come with me. But then she told that she dont want to live with me .

Now she stop receving my phone calls and dont reply my smss. I cant able to talk my little daughter over phone. She and her parents threten us to taken legal action. My dad is an police officer who going to retire in 50 days and medically ill due to this condition. She thrents my dad too in sms. I feel very helpless condition. Will anyone able to help me and give me proper advice what I should do. Belive me still I love her and wnats to live with her. Is ther any hope to get my daughter back ?

Please help us. Save our family !!!



Learning

 3 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     11 May 2015

If your wife does not wish to come then you have no choice other than leave her and look for another good unmarried girl and start leave-in relationship and proceed farther in life. 

 

Please register a NC in both your and her local police by you and your old parents with all copy of circumstantial evidences (Sms in mobile, any other proof of cruelty, list of dates and events) immediately.

 

She might lodge 498A, DV or both, so there is chance of arrest. Please apply for anticipatory bail U/S 438 CrPC with all circumstantial evidences in Session Court or High Court in-person (Without Advocate) and pray for AB for all of you. If you have AB then police can’t arrest you.

 

Please produce the following judgment of Apex court for not automatic arrest in 498A case in favor of your argument.

 

https://judis.nic.in/supremecourt/imgs1.aspx?filename=41736

 

As per Apex Court rull - 

 

The filing of First Information Report (FIR) is not a condition precedent to the exercise of power under Section 438. The imminence of a likely arrest   founded on a reasonable belief can be shown to exist even if an FIR is not yet filed.

 

Please see the followng link to know more and submit in favor of your argument.

 

https://hanumant.com/articles/RC_AnticipatoryBail.html

 

Be brave. Good Luck!

 

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

498a victim (Owner)     12 May 2015

File for rcr in court and ask her to come back..before that record all your telephonic conversation and keep sms safe with you. You may also try to convince her to come back but just to safeguard you from 498a you may do all this... Best thing is to convince your wife but do not lose your self respect.

abhi

menvictims498a.in

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     12 May 2015

Marriage is not a bar in India for both male and female to stay together. There is no law in India which can force both male and female to stay together or marry together since personal liberty cannot be deprived as per Article 21 of Indian Constitution. Therefore, RCR neither have any guaranty so that she will come back nor any execution.

 

Even if you file RCR then she will definitely file maintenance pendent lite u/s 24 HMA to extort you. This is probably because our stupid judiciary system has been wrongly framed by corrupted and obsolete minded law makers those are elected by 90% of mediocre minded Indians. These laws have strong gender discrepancy that can be easily misused by wrong people to harass innocents by physically, mentally, economically and socially. These laws are also creating a new type of criminals.

 

Though Article 14, 15 of Indian Constitution restores quality before the law for both male & female, which has been copied and pasted from British and federal laws has been modified  and added subsection 3 in Article 15 on 1951 to begin gender discrepancy. This is probably because the thought process of 90% mediocre minded Indians and their elected law makers.

 

I suggest boycotting these laws, be the solution rather depending on anybody.  Be smart and handsome, look for a good unmarried woman and start live-in relationship which is legal in India and best relationship.

 

I also request everyone to change our though process and give up all absolute thinking and fight properly to restore gender indiscrimination again in India from both socially and lawfully


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