498A

Querist : Anonymous (Querist) 20 July 2011 This query is : Resolved
i have been married in 22-11-2007 and living seperately only with my wife in the same town. but, for the sake of my house, my mother in law used to abuse me and my mother in public. She sent goons to my moms house and beat them to leave the town leaving back the house for their daughter. Day by day my wife had changed listening to her mother and started to threaten that she would commit suicide writing a note. she would stay for a period of 3-5 days with me and leaves to her mothers house without informing me for 4-6 months and making a panchayti among elders. All the elders suggest me that, why you are making to suffer the ladies. but, they doesn't know the original points which would be suppresed by their cry and other cinematic expressions. They made contacts with my relatives and starting publicity that i am tourchering their girl. At last case of 498A, DPA-3,4,156(3) have been registered on me, my mother, father, two married sisters, their husbands, total on 7 members on 08.04.2011 at women ps. no one has been arrested until now. a counseling has been done on 12.04.2011 in which, they had taken time for second counseling and gone away. until now, they are not coming to the wps though informed by CI. in counseling also, the police has stated that they were talking in wrong format. i have recorded the counseling with help of mobile which has recorded somewhat badly. Until now no enquiries are started. CI informed that they would close the case, if the petitioners have not approached for counseling. But, i have been receiving threats from police that they may take into custody at any time. if anything happens, my family should commit suicide. I have a daughter who is 3 years old. please suggest me remedies from the police and my wife. I am unable to find out why the police is not taking me into custody until now, whether the case is closed / what is the position. Day, or other some threatneing calls are comming to mothers house and to me on mobile. On chekcing they are made from PCOs which canot be traced who made the call, but abusing us, that they would see our end. suggest me how to deal with police and my wife legally.

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Devajyoti Barman (Expert) 20 July 2011
First take information to know for sure whether any FIR has been registered in not. If yes, then what are the charges.
Accordingly you have take steps for applying for anticipatory bail.
And once that is done then go on fighting the case as half the battle is won already.