Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Family law/Criminal law - Want to get rid of the devil

(Querist) 23 February 2010 This query is : Resolved 
I feel shame to tell that my marriage was a love marriage and I stayed with her for last twelve years.
Now I want to get rid of her.

I am an ex-serviceman from Indian Air Force, now working in private secotor in Chandigarh though my old parents stay in Kolkata. I have to take the decision to stay in Chandigarh because of my wife.

From the very beginning me and my parents are not satisfied with the behaviors and nature of my wife. Though it was different before marriage. We tried to rectify her but failed to do so. We filed a divorce case against her in 2004 at Kolkata and after getting the letter from court she agreed to lead a normal life like others and it is in paper(a copy is with me). So we did not proceed the case.

After a month or two she began the same thing and as the day progress she is becoming more and more arrogant and desperate. Now I am frustrated and want to get rid of it.

Everyday go outside at 9 o’clock at night and returned around 10 o’clock, then started cooking.
After dinner around 11-30 at night started talking with someone (I have heard some male voice).
One day I heard her smile at 2.00 am also. This is the new developments.

Wake up around 10 a.m. Don’t send my 9 year child to school. Because to make her prepared for the school, she has to wake up early. Her attendance in the school is very poor (School attendance report can be collected).She never allow my girl to go outside and mix with others.

Without any reason suddenly shouting radically.

Now a day she started abusing me and my family members and threatened me to put 498A to punish me and my old parents.

Now a days it is very difficult to stay together with her but the law in our country which always favors the women I am helpless. Please tell me how can I get rid of her?

Devajyoti Barman (Expert) 23 February 2010
See if you want to get rid of her legally then the better option is to get divorce from her. In the present circumstances I do not find her to give you divorce so easily. You should not bother too much about the 498A case as the impact of this case is only as long as the threat continues. Even if it is filed in Calcutta High Court one should not find to hard to get anticipatory bail as far as my experience goes.
The details of earlier compromise would have been helpful to guide more in this respect.
Yamalapalli Haribob (Expert) 23 February 2010
Iam totally agreeing with Barman
S. Bhattacharya (Querist) 26 February 2010
Thanks for your advise and encouragement.

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