Wife has abandoned me

Querist : Anonymous (Querist) 31 December 2011 This query is : Resolved
My wife (from Faridabad) has abandoned me and gone to her parents with our 2 yrs old son. I live in Delhi.
1. How to save myself from 498a and 123.
2.Should I file a false criminal case against her viz. stealing my jewellery etc?
3.Can I take anticipatory bail?
4. Anything else I need to do because we are approaching her for settlement but it may not come about. We may be haraased-so what steps to take for prevention.

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Devajyoti Barman (Expert) 31 December 2011
How could you expect us to advise you to file false cases?
Case can never be avoided if it is eventual. You could adopt proper strategy to lessen its impact.
File a suit for restitution of conjugal rights soon.
If FIR is registered apply for anticipatory bail.
Once bail is granted you win half the battle.

Deepak Nair (Expert) 31 December 2011
You can file a suit for Restitution of Conjugal Rights if you want her back and willing to live with her.
The reason for her leaving you is not mentioned here. someone will not file criminal cases without any reason.
Once you know that a complaint is made, you can go for Anticipatory Bail.
It is not at all advisable to prosecute somebody with false allegations.
Better to negotiate with your wife for re-union, and if not possible, then you can file a petition for Mutual Consent Divorse.

VENKATESH HEGDE (Expert) 31 December 2011
Agree with experts ... Use your mind in better prospect, its good for your case also. If you are innocent you will have the fruitful result.

N.K.Assumi (Expert) 31 December 2011
Barman has correctly stated.But get an anticipatory bail. As the bizzare aspect of DVA is such, that it makes no distinction between actual abuse and threat of abuse and gives equal weightage to even likelihood of abuse.

prabhakar singh (Expert) 01 January 2012
i agree with experts.

Querist : Anonymous (Querist) 01 January 2012
My wife abandoned me because she feels harrased with my parents and wishes me to separeate out which is not acceptable to me. Pl let me know will application for restitution of conjugal rights save me from 498a. Also will I have to go to Faridabad court to get anticipatory bail or it can be granted by a Delhi court. What rights will accrue to my wife/child. if I divorce her

Deepak Nair (Expert) 02 January 2012
Petition for RCR may not be a shield against 498(a). You can get bail if you are able to present your case strongly.
Anticipatory bail will be granted by the Sessions court of appropriate jurisdiction.

Shonee Kapoor (Expert) 02 January 2012
Start attending local SIFF meeting at Patiala House court complex on every saturday.

In case of any required help, feel free to write to the undersigned.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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