Wife Harassement on Husband

wat if wife files a 498a on ur family?

ask an expert lawyer to draft anything like this if he is hell bent on coming to india. she will get the child if she files 498a and u all will run around to get bail to stay out of jail.

You seem to be well to do.

Why don't you meet a recommended,honest and hard working advocate who can guide you stepwise?Go to someone with a very good reputation.

Also you may post your queries in experts section,as it's only replied by advocates.

@ Author,


There are several ‘emotional’ read with ‘sentimental’ allegations and self justifying counter allegations in your all replies which I noticed. All and or some may be true which only a person at receiving end may know better hence I am omitting reasoning them out herein.


However some cents from India's wasting youth;

 

1. The boy seems to have some 30 years of overseas work experience as you say so – Rights ? It also seems that they got blessed with first child some 3 years back. – Right ? Now the immediate question comes is what is the nationality of your grandson as well as your son and DIL? So, when your son got married?
   
   
2. It shows from your several brief that you folks are retired read with well settled senior citizen living in some metro city of India. And are non-dependent on your son– Right ? Lead a life very simply and though took ‘customary gifts’ from In – Laws but have not used them, means it is still there to ‘return back’ in case of some heat building up.
   
   
3. With the recent S. 41 A CrPC Amendment already effective chances of old senior citizens arrest by police in case your DIL files a ‘dowry’ read with Domestic Violence case is bleak. This also hints to know which State you ordinarily live? I can tell if the State Circular on this brand new Amendment is already effected in local Police Station or not.
   
   
4. I see senior retired folks ‘love and affection’ towards their son, it is obvious but once your son grows up and gets married off to a women and have a issue out of the wedlock it is unjustifiable to hang to such trans-pacefic attachments in broken – impromptu feedbacks of HIS day-to-day sufferings in the hands of his wife.
   
   
5. S. 9 HMA is both a weapon as well as weakest link when trans-continental miya – biwi with kid legal ‘threat’ scenarios happen.
   
   
6. I also see that immediate priority is ‘health’ of your son which in my opinion should be attended to.
   
   
7. I also see trans-pacific attachment of senior citizens with their grandson.
   
   
8. I also feel that a senior retired couple are in the midst of two women’s – DIL and your sons MIL. DIL showing post pregnancy blues (depression symptoms is read large from your narrations of social fears) instigated by another depressed women (reactive depression symptoms to infacy degree is read large on your son’s MIL horizons).
   
   
9. Since your both are senior citizens, comfortable with some SIP retirement read with assets investments so it gives both of you a kick to challenge underage minor’s custody and or some visitation. It is normal for old folks to crave for grandson/daughters company so they all are quite normal societal expectations.

Well, if all and or some of the above is/are reasonable factual position as alleged by you i.e. a senior citizen wishing to keep ‘family harmony’ alive in larger family interest then keep a grip of self ‘emotions and sentiments’ first and then ‘encourage your middle aged son’ to regain from his illness and simultaneously protect you and your wife (she is missing from all the narrations I see) from gender biased laws and also give a protective shield to your recouping from illness son.

The logical steps US $ question is, how it ‘may’ be done?

1. Do you have any letter, conversation tapped or some ‘apprehensive’ bronze quality evidence to show to a Magistrate Court for AB (Anticipatory Bail) on till now dark cloud events told? I bet, probably not, so that is where a senior Criminal Lawyer with heart leaning more towards senior citizens ‘cause’ in your ordinarily residence city is going to come handy. Since I never recommend a Lawyer due to personal reasons till date so I am in minority here to do so, however search in your community means network you will find one just for this first work and who better than within community search !
   
   

With above work done both of you (means your Smt. Ji also) is protected in case your DIL chooses / creates some “cause of action” just upon arrival from the International Airport onwards upon senior citizens………

Well the above takes care temporarily the heat off S. 498a IPC and associated IPC issues upon senior citizens and cushion is already in your Bank Locker - rememebr you yourself said that all 'customerary gifts' are still safely kept......

2. Get your son treated at the appointed treatment center as already probably planned which shows from one of your briefs. Anyone known to your son can sign on consent form and it is not necessary that only wife is asked to sign on such form at registration Desk ! I assume your DIL will have a mobile set and so do your  bed-ridden son. In case if your DIL does not visit your son during visitation hours the hospital SMS her to visit her husband as he needs her and you know better emotional sentences by now than me so I am omitting short and sweat SMS message from this probable long reply. Ensure your Son’s handset is postpaid one. Download the sent SMS into a pen-drive and there are several OS available now-a-days just meant for such activities. Keep sending SMS till your son is visited by her.
   
   
3. I assume during your son’s treatment stay at the Hospital your DIL will be staying with you ! I am checking just because your DIL’s domicile in India is not written by you. Anyhow, if she is staying with you then keep the verbal and gesture communications to normalcy level during her presence. But, fix a person to mildly snoop on her venturings out of matrimonial homes. If suspected to visit a Lawyer’s chamber and or strolling near a PS then the in-evitable is meant to happen. Otherwise enjoy the recovery of your son first.
   
   
4. If during the treatment and recuperation phase any abnormal un-societal activities you see developing in your DIL then the copy / paste template draft in one of your post here needs polishing touch by an senior Family Law Lawyer which should be done before say at the time of AB period as standby option. Add a IA seeking relief of surrender of grandson’s passport in Court till matter is decided and no objection to its handover to natural mother when ‘reasonable’ justification plead before concerned Court.
   
   
5. I will now admit at my fifth para he he, that ‘forcasting’ in legal scenes is hopelessly addictive as well as a bad legal practice when ‘cause of action’ is yet to give birth, so I will restrain giving some more of so called hopeless gyan and leave you senior citizen folks to take grip of emotions and sentiments to a reasonable give and take level first and then as situations develops and there is/are ‘alleged demands’ from your DIL side shown in any of your future postings various authors may well help you out with their nutty reasoning just like me.
   
   
   However, I still feel the location of city / state could have been given in your opening post as some of the Laws and precedents are specific and helpful if these two are hinted by any of the authors to any of the forum posts in LCI.  
   
   
   At the end ‘welcome Sir” to the real not reel Indian matrimonial bazaar run by some of the DIL’s and MIL’s which you as senior citizen failed to teach to we the first generation sons of the land. It is a harsh comment which I couldnot keep within me reading his post, just because you are simple folks and the (near reaching) octogenarian Judiciary consists of you the same ‘simple’ folks coming from joint families who have failed to understand “what to do” with this we the ‘first generation’ of India’s productive urbane youths, hence the gender biasness in Family Law is showstoppers now-a-days like mirchi maar key social masala paw wada pesh hai sarkar you are now able to see (read as feel) minus your rainbow glasses of all these years when it also hit you! Well did you ever dream something like this, you should have Sir.
   
   
   Well, all the best I say sincerely minus the harshness in my post and a seasoned person like you will understand the true meaning.
   
   Off the go, everything is doable only if you put a method to madness in your work which is to say ignore the proxy instigations (alleged MIL's chain of command), keep cool as in K and you hit the bulls eye effectively……………………

Thanks for your kind advises.

We have already engaged good lawyer known to us since long time.

The lawyer filed AB for my son,me snd my wife.We are not senior citizens but near to that age.

As expected yesterday night my DIL run to police in Air port itself for her passport and my grandson pass port as soon as they have  landed in chennai along with my son

The whole night she is going on threatining in the lodge with dier consequences if their pass ports are taken away though we are not having such forced intentions.

Early morning I rushed to our lawyer and he advised to cooly bring her to our place and handover to her father who is in any case coming to recieve her.

Immediately he is going to file various petitions like divorce in the present  circumstances, lunec petition for her wild behaviour for psychiatric treatment,Child custody along with impounding PP of my grandson and compaint to US consulate etc.

The advises here in our forum and my lawyer's steps coincide.

Tomarrow early morning sunrise will witness panic separation of a family!!!

IA for impounding PP of my grand son is good idea but what about her PP.

Before she try to fly to US or failed to fly US with all the above legal petitions,she may go back to Thailand and renew the secne again.How to stop this since she is already having VISA as spouse of my son?

How to stay back her in India till the problem/case is settled in the court?

Ofcourse we have arranged all medical care to my son tomarrow itself.

My mind is blowing ,at one satge I wish to go to her and catch her feet to save my son and grand son future but afraid that she will become more wild if I surrender.

I can ensure relief to my son in this invitable legal fight but dismayed to imagine the future of my grnad son who will lose the love of some one in his parents either we win or lose in his custody efforts.

I remember her words if a man even like Rama is implicated in DV/Dowary case,only wife will win!!!

Ofcourse I have replied yes ofcourse the wife will in the court but fail in life!

I could not guess her cruel and ill mottivated plans in her mind and could not plan for voice record.Now we have made arrangements for recording all her and her relatives talk in the mediation efforts which may take place once she recieve legal notices.

If I  could not find a legal remedy for harassment knife put by her   on our knecks my son will become alone in her cruel hands in the event of my departure one day or other in near by time.

We had sleepless nights and praying GOD to show us the light and path in this thick dark forest.

please keep on posting some good suggestions and remedial measuers

Sorry to know your DIL is behaving like thus...though we do not know her side ofcourse. But whatever is the case this type of threatening and this type of behaviour at the time when your son requires medical attention is unwarranted. 

Sir please find out if it is OK to record voice in the mediation centre. After all in mediation one should express his/her side, so this recording would it be allowed? Can you really use it ? Just be doubly sure and then proceed. 

Wish you a very peaceful conclusion of this trauma..

God Rama may have to go jail for false allegations, but he cannot be sentenced, thats the beauty of our Constitution.

As expected she made a scene in the bus stand on a busy traffic road and took away my grandson with the support of her father and relatives on 5th morning.

I have shooted the entire drama with my handicam and shown to lawyer.My son signed vakalat and asked lawyer to issue notice and file suit in FC.

Later in evening he was admitted in to a NRI hospital and got surgery today morning and now he is in ICU. It takes several weeks for his recovery.

The true hindu wife did not attend nor shown his son during the operation of her husband!!!

Now the legal notice with pakka proofs to stand by our allegations is sent. let us see how she will respond.

Let it take any turn we are prepared to face and finally decided to get rid off the devil .

My lawyer assured us that he and his father will stand behind us in any eventuality.

My concern now is my son's health nothing else in this world.

wish you all the best in fighting with the devil sir! Humans can be fought and won, devils I am not so sure...

In a way if she had not made a scene , you would have been disappointed sir, she fulfilled your prophecy. In psychology we say self fulfilling prophecy....

You were shooting a film all ready with camera and all in public place...interesting...preplanned for a scene on the basis of your assumption sir

wish your son a speedy recovery....

She replied to our notice telegraphicaly denying the allegations and stated detail reply follows.

Now what will be next step?

Can we proceed for child custody and impounding PPs preventing flying to US untill the case is decided by Indian Courts?

Or a Police complaint with copy to US consulate is suffecient?

please suggest urgently

" but some personal advice from me:

if your daughter inlaw wants to leave for US, let her leave."

hellow ms roshni,

why this great advice not given to husbands who wants to leave their wife?

We have filed OP under Guardian & Wards Act for child custdy keeping the special circumustances inview and also filed three IAs

requesting child custody

restraining removal of child to USA

depositing child PP in court

The case is admitted and will come up for hearing in 2 days

I am hoping the least

let the child should not be taken away to USA

that is enough for us by the time the OP finalised the child will come to 5 years and we can legally take him to our custody for best education.

Even if she realise by that time we have no objection to welcome her back

I am praying the allmighty let my grandson should not forgo either of her parents love and affection but his welfare and future is also important for us!

I

Our prayer heard by the God

Family Court granted Injuction restraining the removal of child from Court's Jurisdicttion!!!

Now we are serving the order copy to US consulate.

Custody of child and depositing child's PP are under notice in main OP

We hope these two will be done shortly.

we are relaxed for time being.

The next course of her action may only dowary and DV case since she repied thro legal notice only on those points.

Our AB is pending in the same court.

Let us see. .....what will happen

Yes She shooted 498A as expected with all false allegations and self contradictory statements from earlier legal notice.She implicated my son,my wife my daughter and me that we have looted her property and harassed physically and mentally and thrown her out from our home on road!!!

Recall my video shoot on raod when she deserted my son on raod as soon as she landed from abroad.

on 21nd night Police came and took away my son(patient with oozing bood) my wife a B.P and Diabetic Patient and Me and interoggated in their town and demanded her property ,gold and cash back with in 24 hrs.

I accepted all thier terms and conditions inview of serious condition of my son and also implication of my daughter who has never seen her sister inlaw face and returned back to home along with Police.

My lawyers ready in my home by the time we reached back.

Her property,jewelary,cash everything handed with in 1 hour and got acknowledgemnt from her with witness from both sides.

Then we have asked whether she will stay with her husband she refused and demanded divorce

Yes our laywers prepare MOU and MCD immediately and got signed by both parties and filed in FC for divorce. !5 lakcs were agreed to pay as Permanent Alimony and 3 laks were given inadvance and remaining with in 3 months well before 6 months time limit of MCD

But the matter did not end up there!

Then the Police refused to accept MOU and forced her to proceed with DV case unless we withdraw child custody case.

Our Gurdian OP coming up for hearing. She wants to jump to US along with Child and also wish to become exparte by the time MCD comes for final hearing

My lawyers then issued notice to police and her and her lawyer for criminal action for breach of trust and go back on terms and conditions in MOU.

They did not care and threatining with DV ARM

Now HC ordered stay of Police case against us!!!!

We awere back to Home.

Now we have decided to fight out DV case at any cost and save our child.

We have informed US consulates about IA issued on Child in gaurdian OP that not to move from jurisdiction of FC.

Now a bitter fact revealed!

Her mother and father divorced in 2001 itself but cheated us as wife and husband and performed her marriage by supressing facts and defamed us in the society. Her mother married to west indies fellow and gone to USA in 2002 and came in 2007 and performed marriage along with ex husband. Their Divorce papers are now in our hands.

Now tell me my dear lawyers can we prosecute these Cheats ?if so under what sections?

We lost fame,money,my sons life,his carrier,his health,peace of mind,my grand son became orphan but GOD is there now HC is on my side can we teach a lesson to these cheats who grossly misused DV case and ruined a decent family with America Mania and filed fake case to cover their frauds.

How can we protect our dearest grand son?

Please rush your replies since every hour is important for me to sue thses cheats

Pl respond whether we can prosecute these cheats  for performing marraige of a girl under Hindu Marraige rites,traditions,customs like wedding card.kanyadhanam,etc though they are not wife and husband (legally separated and got married to others)? does it comes under fraud,cheating,conspiracy etc?

if so under what sections?

Please post your suggestions