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Discussion > Family Law > Urgent help for 498a   Unanswered Threads Post New Topic

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Singha Rao


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Posted On 13 June 2012 at 14:59 Report Abuse

I got married before 1 year after that we stayed together for 5 month at Malayesia. After that we went to India, and she say that she will come back alone after 1 month,so that I left her and I came back to Malayesia. Once I came back she say that she want to job at India and she don't want to join with me. After that she stay at my parent's house. Then she did quarell with every body with out any reason and left her parent's home.  Initially she quarel with me for unnecessary reason, now slowly after 2-3 month and their argument are different day by day. Now after 3 month argument she and her father is arguing that I turtured her for dowry. But all are false...Now she told me that she don't want to talk to me over phone anymore.  I have some proof voice record that she talked to her old boy friend, in my absence where boy is demanding that he is now realising why he did not able to marry her. 

Now our relation in such stage that it is difficult to make it again. So before that should I take any precausion?

Now I am scaring that she might file false case aginst me. As I am in emplyment pass at Malayesia, so if she will file case then can she able to arrest me from Malayesia?

If not then can I fight case from Malayesia, through my relatives?

If they want to take revenge then can they hold my passport through court?

Now I am scaring to travel to India.

As I get marrige certificate form her home town, where mentioned that marriage is solemnised at their house.

So where she can file case? at her home town or at my home town?

As her home is 400 KM away from my home so fighting case will cause too much problem for my family member. If in case she file the case, can we transfer the case to our home town or to high court?

Please advice me in this regard.



satish yearva


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Posted On 13 June 2012 at 15:38

Try to sort out the issue with the help of the elders from both the sides, this would be the best idea

well if atall she files the case the she will file the case in her home town only, if she files then you have to apply of an AB form the session court.


Ashish Davessar


Practicing Advocate/Legal Consultant/Legal Process Outsourcing, 08427414792
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Posted On 13 June 2012 at 15:42

She can file the case at her home town. Consequent upon her filing any such false case, the first step has to be seeking of anticipatory bail for yourself and your family members. The tendency among unscrupulous wives in India is to array as many members of the husband's family as accused persons. Since you are in Malaysia, in the event of a case being registered against your parents as well, they are the ones who would face the real risk of being arrested. Therefore, they should apply fo AB, and after that move the HC for quashing of the FIR. You can contest the case from Malaysia. Once you return to India, your passport can be impounded.


Adv. Bharat Chugh


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Posted On 13 June 2012 at 15:46

Dear Ms.Rao, 

 

1. Your fears are not unfounded. Laws in India especially 498A/406 are heavily skewed in favour of women, and are abused and misused. 

2. You should start early by intimating authorities as to your apprehension of false case (this is aptly done by a lwyer) this would help in case she chooses to go to the police (before that she does not fcome to know about this)

3. Adultery/Cruelty/Desertion are all grounds for divorce in India, file a case if you think marriage is beyond repair through your POA in India. 

 

Feel free to talk !


Singha Rao


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Posted On 13 June 2012 at 16:29

Dear Asish Sir,

   At first thank you very much for providing useful information.

  Suggestion: You can contest the case from Malaysia. Once you return to India, your passport can be impounded.

Doubt: Can you suggest me how can I contest from Malayesia? Through advocate, is it? If they want can they arrest me through ambassey or counsolate?

Is it necessary to come downsome time, if Judge want to clarify some thing?

Because I have enough recording after marriage which indicates, about the relation with past boy friend, where in my absence he (her boy friend) was demanding that how he is realizing as he did not able marry..and he was ready to pay any amount to me if I will not marry her..But at that time my wife did not gave him my hand phone number..So is it necessary to explain to Judge or can I pass to my advocate?

After marriage also day by day she demanded defferent thing and ultimately she is telling that she don't want to join with me..

So on that basis can I inform all these things to police before she file case? Will it be helpful for me to get anticipatory bell?

As chances for rejoinis very less, So can I apply for diverse or RCR or AB?

 

Thank you in advance..


Singha Rao


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Posted On 13 June 2012 at 16:37

Dear Bharat Sir, 

Thanks for lot for your valuable suggestion..

Suggestion: 2. You should start early by intimating authorities as to your apprehension of false case (this is aptly done by a lwyer) this would help in case she chooses to go to the police (before that she does not fcome to know about this)

Query: So as per your suggestion can I consult a local lowerer first? and all teh detail I need to provide to lawerer or police or to court? Please suggest me in this regard..

3. Adultery/Cruelty/Desertion are all grounds for divorce in India, file a case if you think marriage is beyond repair through your POA in India. 

Query: Generally divorse take how long and how much expences shold I expect?

And as right now I am working as trainee so by 2013 I need to find new job.. My wife is MBA holder and before marriage also she was working and earning 20 K / per month..But right now not working? So how much alimony may be I need to pay? Becau I am from middle class family..

Please suggest me in this regards..

Thnak you in advance..

 

Feel free to talk !


mohan


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Posted On 13 June 2012 at 20:32

Sorry to hear about that.I am also in same boat.They cannot pull you back to India from abroad.Better to stay in abroad only until this issue is resolved.Apply AB for your parents.498 a is become very small case now a days.Cops may come to your home and tell to your parents dont give single pennt to them.I think they have to get written permission from SP or from superior officers if they want to arrest your parents(But I am not sure,Please check with lawyer).Based on my experience its better to get AB as soon as you can...File a quash in High court.


Singha Rao


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Posted On 13 June 2012 at 21:44

Hi Mohan,

    Thank you for your kind information.

So for my case is it necessary to get AB for my meas well, as I am staying abroad..

Can you please give me your email ID for some more information, so that I can able to contact you.

 

    ramaaryan236@gmail.com


   Thank you..


Hetal


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Posted On 14 June 2012 at 02:38

There is law to protect senior citizen in india. You might want to consult with good lawyer. In 498 case time is the best medicine. Don't be scared, visit 498.org site. They have all the detail.

Sunny


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Posted On 23 June 2012 at 15:10

Hello

Dont be too tensed and keep all your recordings with u. Below are some things that u might want to do in case if you think that your marriage is no more going to work. 

1. Contact her/your elders and tell them that she is involved with her ex BF and ask for MCD(going by the record, a wife threatening with false allegations along with an affair is absolutely nooooooo)

2. Still if u or ur elders feel like rejoining her to ur family, get from them in writing that there has been no dowry/harrassment frm your side to her as on date.

3.As rightly said, you can write a letter/petition to your SP/Commissioner that you fear a wrong case against you and also mention that you feel some danger to your parents/family in case of your absence. Get a stamp on the copy complaint and can also submit in your nearest police station

4. Try to hire a detective agency in india(there are so agencies which work on private cases) and collect more evidence about her involvement with her ex BF(if and only if you feel that there is no chance of patch up. And in the mean time if you in overseas and she in India, there is fair chance that she might again meet her ex.BFsome possibility. )

5. All in the mean time even if you have slightest doubt abt false case, get AB for your family ASAP.

6. Keep in hand atleat 200,000 rs as of now on safe side.

7. visit http://www.saveindianfamily.org/ and join the group. Also visit 498.org and get Survival Kit for 498a cases which you can get from net

8. Dont agree to pay a single penny to other party even they threaten. Instead, hire a good lawyer if necessary

All the best.

 

 

 

 





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