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new 498 victim (code developer)     17 March 2012

498/406

Dear Sir

I am an assistant professor in Burdwan, West Bengal. I married with my wife (registration) on April, 2010, but social marriage was done on Feb, 2011, as I was posted previously outside of Burdwan during 2010. The marriage was negotiated one from newspaper. My wife started to live in my house after the social marriage along with me and my aged parents (75 and 65 yrs old). From that onwards, she and her family were trying to take me out from my home so that I become a Gharjamai. My wife, who was initially a part time school teacher, left the job without informing me after the social marriage and she used to remain asleep during the whole day. She never helpd in household works to my mother, she never served me food. She continuously abused me that she feels my house and area of the house is dirty. So I should come out of the house leaving my parents. Even I should not help them at all by giving money or any other way. My mother-in law also abused me in a dirty way. If I complained to my father-in-law, he always told that he did not interfere his wife. My father-in-law works outside West Bengal in central excise. My wife is suffering from hyperthiroid, obesity, low female hormone, very high eye power etc. I tried to treat her for her betterment, but she and my in laws abused me for that. Meanwhile, my wife started to demand from me huge amount of money , otherwise all the family members of her side threatened me to put my whole family behind bar using false 498 A complain. After a long harrassment I informed the whole thing several time to police and SP office in writing. one month ago they lodged 498 A, My father was taken behind the bar, he got bail. Police still now could not arrest me. I have applied for AB along with my mother in lower district session court on the next day. But court is differing the time and still ow I have not got AB. Meanwhile, I got the information that my father-in-law is a very corrupt government officer, he has been several times arrested previously, his news was also published in local newspaper a few years ago. He is also threatening my father indirectly by other unknown persons for dire consequences. He has a lot of money. My wife has left our home and they are preparing false 406 claim, although all the ornaments of her was kept after our marriage by her mother. So what should I do now.

I shall be higly obliged for your suggestions.

Thank you in advance.



Learning

 20 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     18 March 2012

God Willing you would get bail soon.

 

Till then no other option but to remain underground.

 

Then the case would proceed on its own speed and you would get chance to settle the same,

 


Regards,


Shonee Kapoor

harassed.by.498a@gmail.com

2 Like

Anis (Asst. Manager - Sales)     18 March 2012

I totally agree with Mr. Shonee Kapoor. He has always given the right advise. Wait for your bail and then fight the case. Do not compromise or agree for any cash settlement as the same money which you give them will be used by them to fight the case against you. Insha Allah if you are on the path of truth then Allah will help you and you will win.

All The Best.

Anis

1 Like

new 498 victim (code developer)     18 March 2012

Thank you sir for your reply. Now the problem I am facing that my aged father is residing in our home alone, he has already got bail after being arrested. But i got the news from my neighbours that my wife and some of the police constables are visiting often nearby to our house. Yesterday they went there in morning, as my father was not in the home at that time, they caught some of local people and told about us, our residential address etc. (???) , I don't know why? The police OC is also sometimes calling my father to open some of the doors of our house, which keys are not with my father presently, as my wife requires some goods like her sarees etc which might be in the locked room. My father replied the OC to provide the list which they requires, but police told they would give the list later, but they just want to take afew things only at present as demanded by my wife. My father requested to wait for a few days as he did not have the keys with him. 

Now my question is what to do at present? I think my wife may have some malafied intentions. Please advice.what should be the role of my father if he faces my wife and police. My wife has the tendency to threat everyone, so what should be the policy?

Thanks in advance.


(Guest)

Do you have the copy of the FIR, check out what all the list of items the have mentioned that they have given to you during the course of the marriage. alos be very pro-active in filing the RTI against your FIL, as you said he has been arested several times for corruption, dig out tooth and nail angainst him file as many RTI's against him, fiel TEP and so on, for more details you may contact me on 9663743468.

Dont worrry, you will get the AB, just ask your advocate to ask the judge to decide on the AB application ASAP.

this stage will be bit tough but if you get on at this stage, then nothing to worry, you can play arround those people.

 

Regards

Satish

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 March 2012

Wait till you are admitted on bail before filing RTIs.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
1 Like

new 498 victim (code developer)     21 March 2012

Thank you very much for your reply. I am doing the same. Now my wife has filed a RTI in my office to know my income and IT return for last 4 months. The Principal has already sent her the information within a day. Now what might be her intention? Can you tell me whether she can file for maintenence before getting my AB? Then how to tackle the situation?Thanks in advance.

new 498 victim (code developer)     21 March 2012

I am waiting for my AB first as suggested by Shonee ji.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     21 March 2012

All the best.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

new 498 victim (code developer)     30 March 2012

Unfortunately I was rejected anticip. bail, but my family members got it. On the day the judge was a different from the senior judge who was on leave in the lower court. My bail was denied on the ground "the husband has serious 498A complain aganist him". But is it a valid ground to reject bail? Anyway, my lawyer is telling me that he wants to try again in lower court due to this and nowadays it takes time (30 days or so) in High court to get a hearing date, as HC is busy with different issues. The senior judge will also be available soon in lower court.

So what is your opinion? thanks in advance.

Raj (not known)     30 March 2012

You may go to HC for arrest stay, them you may get this within a day based on mediation ground, later you can try for the quashing of the FIR crpc 482.

Once you will get arrset stay then you can directly go to police station and explain everthing to police with proof, if required contact to SP/SSP/DIG  and demand for the proper investigation before , charge sheet is made.

I hope this helps

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     30 March 2012

For IInd AB application in same court, you would need to show some change in circumstances.

 

HC generally enlarges person on interim bail pending the disposal. But then the prcatise at different courts are different.

 

I just hope you have an effective lawyer.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

new 498 victim (code developer)     05 April 2012

Now my application for bail is filed in HC. in the mean time my wife is threatening me indirectly by saying to my friends that if I get bail, then she will come to my home and live with me, will never give me divorce. Also she may frame against me new allegations. she may start to harass me even on the roads. so if I get bail what precautions should I take to save me from her. I dont want to live with her even a second, but how  to cope with the situations. Please reply for my preparation. 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 April 2012

Let her blabber, concentrate on bail.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
1 Like

new 498 victim (code developer)     04 May 2012

Dear All

Thank you very much for your support. I got the AB. At least some sort of relief.

But, meantime I also got summon from court as my wife has claimed maintenence. My earning is 30000 pm, my wife has claimed 15000 pm as interim maintenence. She stated in her petition some false baseless things like I am involved with business, tuition etc of Rs.50000 extra. Now my question is   in the given date of court what should be my defence? I want to know whether LIC, PPF in husband's name are granted as liabilities of husband and deducted from salary. If yes, how those should be done? monthly or annually. My second question is the expenses for me and my parents like food expenses, dress expenses, vehicle, medical etc. are included as liability? If so, how the food, vehicle expenses should be shown? I know and have proof that my wife was involved with job and after 2-3 months of weddidng she intentionally left the job. Since the job is private I do not exactly what was her salary? Can the proofs are helpful?

Thank you very much in advance.

new 498 victim


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