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JusticeSeeker (Manager)     13 August 2013

Harassed by wife & in-laws using 498a

Hello,

I'm married for the last 4 years. We have not demanded or accepted any dowry in any form from my inlaws. Right from the beginning in-laws were forcing me to stay in their house. But I was firm & said no, so they insulted me & my family by various ways. I took it easy because I thought atleast my wife will understand me. We have a 3yr old kid now. Six months back she has taken all the jewels (given by her parents & the jewels I bought for her & my kid) and kept it in her parents house without my knowledge. When I came to know of it few months back I questioned her and she said she cant bring it back it will be in her mother's custody only.  I agreed to that also.

One day  when I came home from work at night I found my house locked. I came to know she has run away to her parent's house without even informing me. When I went to bring her back her father abused me with filthy words and came to kill me with a knife. Her mother was asking him to cut my throat. So I came back and few days later sent my mother and two elder persons to talk to them and bring them some sense. But once again her father threatened them saying he will not hesitate to set goons on me to kill me. After few days my father came along with me to resolve the issue (because it was my father who took care of her during her pregnancy. Her parents did not even bother to call her to their home for pregnancy). After my father gave assurance to them that he will take care of us, they sent my wife & kid along with me.

However, the very next day they gave a complaint in police saying their daughter is kidnapped by me & my family and we're tying her up in our house and torturing her. The police came to our house and found us standing in the garden. They questioned my wife who told them that there is no trouble, they asked her to come to police station and give it in writing and come back. So we went to the police station. The police enquired both of us and said there is no problem and asked my wife what she wants. She told that she'll go back with me. So they asked to go back. While we were coming out her mother pulled her and told her something. Immediatly her father told the Inspector that they want my parents also to come to station. He also made a Minister talk to the Inspector. When we went to police station in the evening, Inspector questioned both of us and asked her what she wants. Again she said that she wants to live with me. So the Inspector said ok you both write a letter and go home. While she was writing that letter once again her mother came to her & said something. Immediately my wife went to Inspector & said she wants to go with her parents for 30days due to mental stress. Then she finally said she'll stay for 10 days & come back. So Inspector told me that she's in stress so better you dont take her to your house she might commit suicide so let her go to her house & come back. I agreed. She took my kid & went with her parents.

Just 7 days later they gave another complaint in another police station. That Inspector called me & I told him what has happened in the previous police station. So he did not pursue further. Once again after 7 days I got a call from another supposedly lady SI who spoke to me very abusively over the phone. Unfortunately I do not have recording facilitiy n my phone so could not record it. The very next week they've given another false complaint to Police Commissioner. They raised false allegations on me saying I'm beating her and pouring acid into her mouth etc and that I have many girlfriends and having illicit relations. They have forced the police to file 498a & 506(i) against me using political influence. The case was filed 15days back but I have not got any summons. The staion Inspector called my lawyer yesterday and told him that due to political influence they had to file this complaint & asked my lawyer to get a AB filed.

So my questions are:

1. What are the next steps? How should I deal with this case once I get the AB?

2. The case was filed in a differenty city and I'm staying in a different city right now. What happens if I do not go to that city now? Since I'll get the AB is it necessary for me to go there? Will the court summon me?

3. How do I proceed further? My wife has cheated me thoroughly along with the help of her mother's advice and since her father has political friends she thinks she has nothing to fear now.

4. I miss my daughter very much. She is very attached to me. Infact the initial 2 years I only took care of baby completely(bathing, feeding, cooking, etc) since I had work from home option but my wife had to goto office. Now they have not showed me my daughter to me for the last 2 months.

Please advice me. I'll be grateful for any pointers.

Thanks!



Learning

 6 Replies

Raja_498a Victim (Manager)     13 August 2013

Hi, First you need to decide whether you want to terminate relationship with your wife or not. If yes, then fight the case on merits. If you want to fight the case, first make sure you talk to your lawyer and get charge sheet filed as soon as possible by police and fight the case on merits and it may take 1 to 2 yrs based on the pendency of the cases in your court. You can file a petition in family court for child custody and that also depends on merits of the case

JusticeSeeker (Manager)     16 August 2013

Thabks Raja for your response.

I really need to know if its better to go with RCR or Divorce based on my above scenario?


I've tried continually to contact her through emails, sms & phone calls to ask her to come back to me. But she is not respondng to any of my emails or sms or calls. Meanwhile her father is going to my friend's houses & spreading false rumor and allegations & passing threatening messages to me.

Raja_498a Victim (Manager)     16 August 2013

If you go for RCR, then you minimize effect of 498a and DVC. Also becareful, never ever go to police station for couselling. They may send you remand if she files false 498a..Take the worst case and be alert. Don't assume any thing.

JusticeSeeker (Manager)     17 August 2013

A twist to my current scenario happened today.

A few days back, I had sent a final mail to her saying whatever decision she is taking (by filing such false cases etc) will tear apart our husband-wife relationship completely and it will be haunting her for the rest of her life and it is going to affect  our baby's as well. My wife has sent me a reply today asking me to come to her parents house & take her back with me.

I smell something fishy because, in the same email she has not shown any regret for her actions but rather giving some conditions that I should accept to live with her.

How should I proceed in this further considering the fact that she has already filed a false 498a case against me and FIR is before the JM?

JusticeSeeker (Manager)     17 August 2013

A twist to my current scenario happened today.

A few days back, I had sent a final mail to her saying whatever decision she is taking (by filing such false cases etc) will tear apart our husband-wife relationship completely and it will be haunting her for the rest of her life and it is going to affect  our baby's as well. My wife has sent me a reply today asking me to come to her parents house & take her back with me.

I smell something fishy because, in the same email she has not shown any regret for her actions but rather giving some conditions that I should accept to live with her.

How should I proceed in this further considering the fact that she has already filed a false 498a case against me and FIR is before the JM?

Raja_498a Victim (Manager)     17 August 2013

Hi,

Never send an email to her that will be considered later that you threatened her and it may turn against you.

So best way is, use mediators that will be the best way to deal with.

Use mediators to withdraw the FIR (if registered) and based on the interest of your Kid and your parents, take the decision.

Never, ever send any SMS or emails to talk to her.

If every thing fails, first immediately file RCR to minimize the effects of 498a and DV.

Once 498a is filed, it almost takes 4 Yrs to fight and get acquittal. DV also favours her interms of monetary reliefs.

If you have no choice, then collect all proofs and fight the cases on merits.

I am telling once again, use mediators immediately and don't send emails or SMSs to her.

 

 

 

 

 

 

 


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