Paradise Praised (TP) 18 February 2010
I got married last year, after 4 months my wife went to her mother's place and few weeks later she told my family she wants divorce.
They are trying to extort 3 lakh rupees, else her family said that they will file a complaint that my mom was beating her, which if false.
So the query is, if she files a complaint in Police Station, will they put me and my mother in jail and how soon do we get bail, assuming the charges are only that she was beaten/harassed by my Mom.
sunil pagare (lawyer) 18 February 2010
Mr. u can file anticipatory bail in the session court or in the High Court to prevent arrest. For better defence file RCR aginst ur wife.u can also lodge complaint to the police station regarding illegal demand of money.
Suchitra. S (Advocate) 18 February 2010
Immediately you file a case for restitution of conjugal rights. other things as advised by Sunil ji.
Meenakshi (Lawyer) 18 February 2010
Yes i agree with Sunil Jee too...
girishankar (manager) 18 February 2010
Dear PP,
If its a false compliant made U better go to police station and launch a counter compliant....anticipatory bail is just like accepting the facts of ur wifes complaince...... Now a days no one can be arrested by launching false compliant.......They hav to prove the compliant....... Hav a open Talk with ur wife without any middle persons{ i:e Ur father moher or her father mother} convince her ...... If U go to Police Station or family Court Ur whole lifewill be ruined..... So convince her and live happily.....
I am a Layman ,,,,,,,,, If U want more go to experts............
Paradise Praised (TP) 18 February 2010
Thank you everybody for your advice.
Wife is beyond the point of convincing, and she doesn't want to talk, we've already tried that couple of times.
How will filing a RCR help the case?
We don't want to be the first to file any complaints from our side, just want to get the divorce and get it over with, hopefully without paying anything.
The case is not filed yet, as they are saying pay or else they'll file the case, also they haven't indicated any deadline yet. Their initial demand was 6 lacs, but a week back they reduced it to 3 lacs with the addition of filing the complaint.
girishankar (manager) 19 February 2010
Mr.PP,
What Complaint ?
girishankar (manager) 19 February 2010
Hmmmmmm
Hardik Mehta (Family Counsellor) 19 February 2010
PP,
What do you want? If you want the divorce then you can wait for some time and they will give the same without any alimony. Next time if they say that they want the money and complain to the police, just tell them to go and complain to the police. You can counter the complain with the case of extortion. Record the conversation that is happening. False case will not stand in long run.
If she wants the divorce, then you can ask her to file the divorce and you will accept the same. Otherwise do not file the divorce until there is 2 years of separation.
Suchitra. S (Advocate) 19 February 2010
Sir, if you file RCR, it will help you come out from the court when a false if 498A or DV case filed against you and your family. In that case, the advise given by Sunil ji will be a proper one. In case of divorce proceedings, the advise by Hardik Sir is right.
Raj Kumar Makkad (Adv P & H High Court Chandigarh) 19 February 2010
Much has been said on the subject. Now act accordingly.
Anil Agrawal (Retired) 19 February 2010
Willing to strike. Afraid to wound.
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