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Querist : Anonymous (Querist) 04 April 2011 This query is : Resolved
We married in May, 08, stayed together but separated from my house up to June, 09. After onward, she gave birth of our child in 29th august, 09 and staying with her parents. She was convicted by session court accused for a looting case (gang robbery) in Kolkata in 2003, spent 6.5 years behind the bar (before marriage) and released in 2006. Her father is well connected with the lawyers as well as political personals. We do have a joint account having locker facility, ATM card, cheque book and key of the locker are with them. Before marriage her father has got the sign from me and his daughter in a court paper (undersigned by me & my wife) stating that “knowingly we decided to marriage each other and have no grievance on them” so and so….. Actually he never gave me a copy of the same. Earlier she was admitted an asylum (mental hospital) as she stated before marriage,

I am trying hard to find out the institute. After releasing from jail she has changed her name. Every month I am sending her Apprx. 5500/- to 6000/- Rupees for the maintenance of her and my daughter, but she demanded at least 10,000/- pm which is not affordable for me. Since last 1.8 years she is staying at her parents house with my kid and so reluctant to be rejoin with us. She used to send me assorted sms comprising of threatning, false fabricated story and asking me to send her the Birth certificate of my baby immediately.

Measures I have taken:

1. Every month I am sending her money through NEFT (net Banking) and keeping the receipt.

2. Already I sent her 03 nos letters with AD asking her to come back and join with us.

3. I have kept all the soft copy as well as print copy of her fabricated sms.

4. Some telecon had been recorded.

5. Written a letter to Local police stating all her behavior but yet to be send.

6. Staying with my old parents to give them mental support, informed them in detail about the consequence of filing false 498a/DV/406 case by my wife to get them prepared mentally.

7. Already discussed the matter with some good friend to be aware them for the upcoming case.

Under this situation what are the step to be taken by me to fight against the anticipated false 498a case and to save my old poor parents from the harrasement. Please advise me. Thanks S.B......

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prashant pundhir (Expert) 05 April 2011
Taken good safety measures but even then need to protect you and your old parents from the harashment .So go for the anticipatory bail.Grounds are sufficient,proven criminal history and bad mental status .Also file a suite of sec.9,Hindu Marriage act for restitution of conjugal rights .