Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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HOW TO SAFEGUARD FROM 498A

(Querist) 13 July 2009 This query is : Resolved 
Sir / Madam
I am from BURDWAN, WEST BENGAL. Wife want me to live separately from my parents and splurge on her and her family. Life has become a living hell. With collaboration from her parental side she is threatening and harassing us.

I HAVE RECORDS(MOBILE VIDEO) TO PROVE

A)THAT SHE LEFT HOME FOR MINOR ROUTINE DIFFERENCES WITHIN FAMILY
B)THAT SHE ADMITTED THAT HER UNCLES THREATENED US AND THAT HER BROTHER WILL BREAK ALL RELATIONS.
C)SHE ADMITTED THAT THE MISTAKE WAS HER.
D) SHE ADMITTED THAT WE HAVE NOT TAKEN DOWRY OR MADE ANY DEMAND.

MY QUESTIONS ARE :
1) Are these records helpful in my case like in getting AB FOR ALL FAMILY. Whether I have to produce these?
2) She is living with her parents since last 1 year.
3) Can I apply for AB without their knowledge and once granted how long is it valid.
4) Some people are suggesting that AB is not available easily and are refused in WEST BENGAL. Is it true? WHETHER COURTS IN KOLKATA WILL BE MORE HELPFUL.
5) shall I straightaway file for divorce?
6) WHO WILL GET CUSTODY OF CHILDRENS.

KINDLY HELP ME. ITHINK THIS IS A COMMON PROBLEM AND YOU EXPERT'S ADVICE WILL HELP A LOT OF PEOPLE.

THANKS
MUKESH
Jayashree Hariharan (Expert) 13 July 2009
1. S.
2. ok.
3. s, that is why it is called AB
4. I have no idea about west bengal.
5. if you wish to separate from your wife, i mean formally, then you can file for divorce. no problem.
6.she stayed with you one month only, right? That is what you have written in the cover page.
Adv. Lalit K. Jhunjhunwala (Expert) 13 July 2009
What is the kind of Harrasment? Please specify. If she is doing so she has yet not flied any FIR. So if I am not wrong there is a lapse of almost 1 year in filling FIR. If that is true you need not to worry, you will easily get AB as there is considerable delay in filling of FIR and courts should consider it is nothing but an After though to harass you and your family. As to answers to your questions:-

1. Yes they will be helpful.
2. You need to have it on record as in you should have proof of the same.
3. Yes, It is valid till the time police forwards its first report to the Court.
4. Any where in India the AB is granted on the facts of the case. you just need to have a good lawyer and enough proofs with you.
5. Do that. It will also be a good defense.
6. It is a difficult question. It depends upon the facts of the case and if I am not wrong your child as of now will be of only 4 to 5 months so he/she will need to be with her mom for next few years at least.

At last...Try and sort out things by approaching some counselor.
PALNITKAR V.V. (Expert) 13 July 2009
Jayashree and Lalit have given elaborate reply. However, i would suggest that you should try to settle the dispute amicably.If the things do not materialize only then you should go to the courts. Once you land into the court, you would experience another hell! !
vinjamuri ranga babu (Expert) 13 July 2009
hi,
as per your query seems to be bearing harassment from your spouse. any how if it is feasible try to compromise with your spouse and after your spouse. if it is failed, then your right to protect fromthe clutches of 498A, as per your query

1. you got the ample evidence to show your bonafides in the court.
2. before that your family members would easily get the bail as per the directions of the supreme court.
3. but as far your concerned it is difficult to get the bail instantly on the day you are arrested. To protect your self, approach family court for divorce and obtain injunction order against your spouse and family members from living your peacuful living and try to send the notices to your opponents as early as they receive, then you will be in safe, even you are being arrested, you can get the bail by showing all these bonafides.
take care.
vr
Mukesh (Querist) 14 July 2009
Sir / Madam

GREETINGS FROM MUKESH

Thanks for your excellent replies. Some of the clouds in my mind has lifted.
As asked by Adv. LKJ re harassment type I explain :
1) Although from a very very moderate family background she behave like from a millionaire family, always trying to taunt and cow down us. Dominating nature, wont do any household work, creating mountain out of a molecule, at smallest pretext will fight and leave home.
2) She left home last August and never came back, how to prove that she stayed at her parental home for last 1 year. I met her outside 10/12 times during which I recorded all the conversations. Date and times are there in mobile. But after September last we have no contacts. Could meet my child only once, they didnt even allowed us to see the child.
3)You will be astonished to learn that all these problems happened within one and a half month of marriage. I tried my level best but even while admitting her mistakes in private, she does not admit before others creating complications.
What if they have already filed some complaint or FIR? Is it possible to keep FIR pending such long?
4) What should I do first - a) lodge a diary with local PS & apply for AB or b) Apply to family court for divorce & then lodge diary with PS & apply for AB.c) whether by approcahing Family court, the actions under 498a can be thwarted?

I am trying to compromise through relatives but they are keeping us on tenterhooks and thats why I am suspicious of their intentions.

Once again I thank you all for your kind advice.


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