After divorce ( as per muslim sharia / one sided ) 498a was filled
Querist :
Anonymous
(Querist) 19 October 2011
This query is : Resolved
Hi,I have 7.5 years of marriage life out of which my wife since past two years my wife is deserted with my son from dubai without my consensus. two years back she fought with me regarding my son's health issue as she is doctor and i raised voice for her wrong practice on my son. she has beaten me on that day at three places and when i was bleeding i took picutures in front on her . she was afraid that i might go to police here in dubai and due to that she ran the day after the incident happen. she has confessed on internet that she has beaten me but for the sack of my child i wanted her to come back and forget, but now she has filled 498a after the 40 days of divorce ( one sided ) , all the mediators and moulvis tried a lot to send her back to dubai but she didnt return and started asking for custody of my son and 20/30 lacs through various mediators. my relatives passport is in court now and i have given her divorce ( one sided ) since all the efforts of bringing her back went in vein. she does not have any complain but just simply she wants to stay in india with her family as her elder sister does not have kid so she stays with her sister and brother in law. now can i file a case against her from dubai ? and if yes how ? can i travel to india ? can we file RCR on her ( however one sided divorce is done ) . we have give her gold which they give me during nikah in mosque custody where as she is not returning our gold and not accepting talak and does not want to return and simply harras us . We have already appointed lawyer at HC for cross petition. Pls. advise how i can overcome this problem. I love india and i want to visit my country but due to this 498A i can not travel. Regards Abbas
ajay sethi
(Expert) 19 October 2011
when you divorced your wife was there any settlement on issues of dowry?
what are the allegations made in 498 A caselodged by your wife?
how can you file for RCR when you have divorced your wife?
you have already engaged a lawyer . go by his advice .
since you have a young child settle issues amicably .
Nadeem Qureshi
(Expert) 19 October 2011
answer the question raised by Mr. Sethi after that i can be able to give you best advise
Biswanath Roy
(Expert) 19 October 2011
It appears from your statement that talaq has not completed as yet so sec 498 A lies. It will be better for you to take anticipatory bail from Sessions court of jurisdiction to avoid possible harassment. It is advisable as u have a son you may make an amicable settlement with your wife taking help of your relatives and friends considering the future of your son who is an innocent one.
Querist :
Anonymous
(Querist) 19 October 2011
when you divorced your wife was there any settlement on issues of dowry? - ANS :yes she demanded custody letter through our jamat which i have given and she asked for gold which they gave me during nikah that was surrendered at godhra / jamat office on the same day of talak in dubai and jamat had called on the same day and informed her too. but she has my 350 gms gold and she filled complain after she came to know that gold is already given to jamat.
what are the allegations made in 498 A caselodged by your wife? - As per her me and my relatives are asking for some 20/30 lacs Rs and if she don't pay then we will throw her out of our house ,torturing , harrsement etc , but no date , time , place , no report , complain etc she has. presently She stays at Surat ( Gujarat ) , complained / FIR at godhra ( gujarat )since it my native and as per her the problem was both at godhra and dubai. however i have written proof from her that she has beaten me on the day she ran away from dubai.
how can you file for RCR when you have divorced your wife? - but she has not accepted the divorce and when dubai , bombay , surat , godhra jamat is trying to send her courier of divorce papers they are saying to courier " address changed " . that means she does not accept the divorce. if she does not accept divorce that means she is my wife and i can file RCR , correct me if i understood wrongly.
you have already engaged a lawyer . go by his advice .- he is suggesting for crossing / i am not clear how does it help me.
since you have a young child settle issues amicably .- I am ready to give the custody of my child , and given also along with talak nama from dubai that too also she filed a case coz she came to know that i will now marry again and will get settle in my life. i am bachlor since two years and she deserted my house with kid and she got lots of force from society to go back but due to her ego she neither wanted to return and nor wanted divorce when all mediators , moulvis got tired in two years then they decided to go for 1 sided divorce.
Querist :
Anonymous
(Querist) 19 October 2011
my Questions are : Can i file case against her from Dubai?
Since my family members passport is already in court when they opt for AB then is it suitable for me to come to india and seek AB ?
Is there any Red corner notice can be issued for such case ?
I love india and i want to visit my country , what previledge i have to visit india , at the same time i can earn here at dubai as i have loan and other financial burdens.
If we win during crossing , i can travel to india ? how are the chances of wining crossing after looking at my case ?
ajay sethi
(Expert) 19 October 2011
1)you said you have returned the gold given by her to jamat . do you have any acknowledgement of her having received the gold .
2)her allegation is that you are demadning 30 lakhs from her and that without the money she wont be permitted to stay in your premises
your case is that you want her to come back . do you have any emails /letters as evidence that you have wanted her to come back .
3)you have stated that your lawyer is suggested crossing / what do you mean by crossing .
4) dont file for RCR it will further aggravate matters .
5) send her emails that you want her to come back and that you dont want to remarry now .
6) you come to india and fight the 498A case . the fcat that you have returned gold to her will help you . in addition if you have proof that you have requested her to come back will help you in provin that 30 lakhs demand is bogey raised by her to not stay with you
7) go and visit her family in godhra . since you have young child you cna claim visitation rights
8) take anticipatory bail
Querist :
Anonymous
(Querist) 20 October 2011
Answering to Mr Sethi : Yes i have returned the gold and its with our jamat custody and custody letter is also issued in gujarati and i have a copy of that which says , once divorce is shouted in dubai , abbasi's family has submited gold to godhra jamat which was given to him during his nikah. infact they gave 40 gms but we have returned 50 gms as my mom lost one of the coin.
yes i can show atleast 5 to 7 letters with courier receipt requesting her to come back and on top plenty of emails requesting her to come back , i do have all the proofs and in this 2 years time frame she never wrote single mail to me stating she wants to return.
my HC advocate said he will try to remove 498a coz its not applicable in my case for which he asked me many documents like divorce certificate translated in english , my no of trips to india , my qualification and certificates , letters requesting her to come back , gold custody letter , photo's of she has beaten me and her acceptance , and many papers of my mom as well .
i do have sent her mail requesting her to still come back and i will recall the one sided divorce through moulvi which she rejected through her cousin , she did not reply but her cousin replied as he was in CC.
My advocate has suggested me not to come and fight from dubai only as my other family members passports are already in court and he said same will happen with me and my mom , so don't know how long they can keep my passport if i come there , as you rightly said her demand is bogus and i have 90 pages chat with her where single time also she has never mentioned in this 2 years that i have demanded money from her and i kept complaining in those 90 pages that you have beaten me and still i request you to come back.
for my child she said she wants documentation in such a manner that i am my family does not have any rights to see my son , she told this to her cousin who wrote me that she does not accept your request offer to return to dubai.
since my family members passports are in court all are suggesting me to fight from dubai and dont come otherwise passport will be snatched by court and i have job here in dubai and huge bank loan which i have to finish and come on top of that i am not sure how long i have to stay and fight for 498a
trust i have answered all your questions , considering above could pls answer the queries i have raised .
my Questions are : Can i file case against her from Dubai?
Since my family members passport is already in court when they opt for AB then is it suitable for me to come to india and seek AB ?
Is there any Red corner notice can be issued for such case ?
I love india and i want to visit my country , what previledge i have to visit india , at the same time i can earn here at dubai as i have loan and other financial burdens.
If we win during crossing , i can travel to india ? how are the chances of wining crossing after looking at my case ?
Shonee Kapoor
(Expert) 20 October 2011
I think in this case she would also contest the validity of divorce. I think talaaqnama was not served properly.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 20 October 2011
yes shonee , talaqnama was not served properly to her due to our locations , i stay at dubai , divorce / one sided was done here at dubai and papers were sent to surat which she refused to accept by saying " location changed " but 5 months back she only asked me to send all her clothes , slippers , books ( since she was doctor ) etc to the same address and i have courier receipt saying she has received all her belongings in good condition.
if she contest validity of divorce then we do have a chance for RCR?
Querist :
Anonymous
(Querist) 20 October 2011
my other important question is can i remarry during this phase as per the muslim shariat ? because i have my flat here in dubai and i am bachelor since past 2 years , on top i don't know how long i have to fight this case ? so how to marry during this phase ?
Querist :
Anonymous
(Querist) 20 October 2011
if any one of you are looking for any proof then let me know so i can attach and send . thank you.
Querist :
Anonymous
(Querist) 20 October 2011
Answer to Mr Biswanath : Since you are asking me to take anticipatory bail , can i get AB from dubai itself ? my relatives passport are already in custody of session court , how court will give me AB without taking passport from me and my mom ? Here in dubai we get max 30 days ( including holidays ) leave for india in a year , can i complete the entire process of AB and get my passport back if i come there ? Infact i don't have any leave now left in 2011 so this is possible only in 2012. and by that time i will finish my 90 days of chargsheet time. so i will be entittled to get AB in 2012?
Devajyoti Barman
(Expert) 24 October 2011
For AB you need to visit India.
However your family members can apply for the same.
Moreover after submission of charge sheet you can surrender and apply for bail.
Querist :
Anonymous
(Querist) 25 October 2011
What if i do not visit to india and fight the case from dubai through my advocate ? possible ? i can get his vakalatnama and power of attorney to my advocate to fight the case on my behalf ?
