Help me please


We married about 3 years back and it was an arrange marriage. My wife's behavior has always been very cruel and threatening since the beginning of our marriage as she had a concern on me taking care of my sibling's education (2 brothers and youngest sister(17 years), all of them being student of University of Delhi, dependent on me and staying with me) and dependent parent's (living in a far village) livelihood and spending a good money on all of us. Ever since the beginning, she started pressurizing me to get separate from my extended family and handing over all my salary to her. Its about 9 months (August 2011) when I relocated to a distant city on account of change of job and my wife continued living with my siblings. After 3 months (November 2011), she took away all her ornaments and some money and went to her parental home on the pretext of attending a relative's marriage ceremony and since then she did not come back. I tried to convince her and bring her back but she never wished to return and on one odd day her brother called me on phone and told that about their final decision of divorce (either force or mutual) asking me money and also threatened me of trapping all of us in a dowry case. I have recording of this conversation. As I am the only earning member of my family and I wished for an integrated family, there were already irrevocable differences developed between us thereof so I myself  filled a divorce petition on the ground of cruelity(Feb 2011). Now all of sudden (on 13 May 2011) she, along with her parents and brother, has come to the place where we last stayed together and my siblings are residing nowadays. She, along with all accompanied, started quarreling, abusing and threatening us of dire consequences and by harming herself and trapping us in false criminal cases. Soon after 2hours, her parents and brother left leaving her with us, since then, she has been torturing all of us and constantly asking for huge money (5 lakhs and more).



Coincidentally, I am also present here on vacation and university exams of my brothers and sister are going on. She even tried to dramatically commit suicide and and horrified us so I approached nearby PS but was not entertained so I have submitted an application (14 May) for registering a case to SSP office. 

Now my most immediate problems are- 

1) This all is adversely impacting the ongoing exams of by siblings, and 
2) I have to travel back at work immediately as being the sole earning member of my family, I cannot afford loosing my job. 

Please advise asap and help me overcome this??


 
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Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

Dear Mr.Naveen, 

A person caught up with an estranged suicidal wife is in a tough position, considering how one sided indian laws and authorities are, however there are a couple of things that you can start with to safeguard your family :-

 

i) Intimate the higher authorities of your state as to your plight ; alongwith relevant judgments/guidelines. 

ii) Diligently contest your divorce suit;

 

Feel free to talk !


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Thank you very much Mr Bharat.

Here are the recent developments is this case as below.

1-      The wife had left my place the next day (on 15th May) and she had moved several complaints to different authorities (SSP, DIG, CM etc.) falsely alleging severe mental torture, physical assault and dowry harassment throughout her entire period of stay with us. She had named every member of my family – father, and all of my younger brothers and sister. In fact she never stayed with my parents.

2-      It may be evident here that her sudden coming to my place after 6 months was a part of the plot wherein she had planned to implicate our family in a false dowry harassment case and which she eventually did.

3-      The local police station and Mahila thana, upon receipt of these complaints contacted me and the proceedings are going on in Mahila thana.

4-      Local police station has already submitted its reports against these complaints mentioning the proceedings undergoing at Mahila thana.

5-      Mahila thana is appearing keen to settle the dispute without a registering an FIR where during the most recent conversations, they made my wife willing to rejoin my family and withdraw her complaint of dowry harassment if I withdraw my divorce petition, which is now not acceptable to me at all because of the quarrelling nature of my wife and her false allegations of dowry harassments.

6-      Also, my wife has submitted a list of expenditures (totaling a sum of Rs 11 Lakhs spent by her family in marriage) which IO has informed me and told me that it would be further negotiated and may be brought down to a lump sum of Rs 7 Lakh and I have to repay her this amount in 2 installments in case I don’t want a FIR to be registered. In one of the telephone conversion 6 months back (on Dec 30, 2011), my brother-in-law has mentioned that they want divorce from me in any case (be it forced or mutual) and had asked me to pay them back their total expenses incurred on marriage (around Rs. 7 Lakhs). I have recordings of this conversion and so this may be an evidence??? of contradictory marriage expenses (11Laks vs. 7 Lakhs).

7-      I have another email from my brother-in-law sent on Jan 6, 2012. In this email he had asked me to send him back my 1) Salary slips, 2) ITR 3) Property details in my name/parents name). He has explicitly mentioned that he needed these details for a mutual consent divorce purpose. Only upon receipt of this email, I became suspicious of their greedy nature and myself filed a divorce petition

8-      So all this drama, they are playing for money extortion or forcefully compelling me to reunite with my totally incompatible wife.

So please suggest me if I have any remedy available from any court of law as I am very falsely being implicated in this trap and facing severe harassment/trauma of everyday visiting some or other police personnel. Does there exists a law where these proceedings can be quashed and the only divorce petition I can have to fight for ?? 

 

 
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Please advise.

 
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none

Originally posted by :Naveen
" Please advise. "

 Boy Oh Boy-another victim!

1) Seriously consider obtaining Anticipatory bail if permitted in your state for all concerned.

2) Please consult a lawyer.Avoiding arrest is a priority if she is headed towards 498a/ DP acts.

3) Read and know all there is to know about these cases.

Be bold and brave and do not yield to their pressure. Please take care of your family-explain to them the difficult times ahead and how you can all help each other to cope with it! It is a good lesson for your siblings for the future. They will all become aware of the rotten system in vogue!

Join the fight and become the foot soldier in the fight against these nefarious laws.

Good luck!!

 
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Advocate

YOur case is in very preliminary stage.  Apply for anticipatory bail. Voice recording is admissible as evidence if it is genuine even Email can be presented as evidence.  After FIR is filed if evidence is not found or the evidence found is insufficient prima facie, the trial court itself may discharge you before framing charge sheet.  That is one possibility. Police report, if it goes in favor of you saying no evidence found, then also it may work in your favor.  But police generally send a negative report only, so that you remain under pressure and some monetary transaction of compromise takes place between you and complainant and they be party to it. That is second possibility. During this process you may file for quashing of FIR/Chargesheet in HC under sec.482.  HC has powers to quash FIR or the chargesheet itself.  Your voice recording goes a long way in helping your cause, keep the original safe and only give duplicate to advocates and others.  When court asks you to submit original, submit the original in court.

 

Don't pay any amounts to them as part of mediation by police, women's cell etc. prior to filing of FIR because if you pay now there is no guarantee that they will not file cases and again they will demand more money; so whatever happens let it happen through the process of court.  If they want mediation regarding payment of money tell them, to mediate by replying to your divorce petition, HMA allows for mediation. Without court order do not pay a single penny to anyone. 

 
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Thanks for prompt reply. I have been told that in state of Uttar Pradesh, there is no provision of anticipatory bail.

 
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Here is an update about the above matter-

There has been few meetings between both of us parties aiming compromise and now Mahila thana IO has forwarded the matter drafting an FIR to some mediation authority located at District Court for a possible settlement and failing a compromise would result in registration of the FIR. I got summoned to be present there (09/07) and so I visited but the other party did not present there. Now, I have been given a date next week (19/07).

The earlier complaint given to different authorities accused 5 of our family members and now the FIR draft says that there were 6 accused, this time my mother was added to the list.

Please suggest me whether it is still premature to approach any of the authorities for a bail (this is case of UP where state law doesn't have a provision of AB)

Will quashing of FIR be possible based on the facts that -

1) No complaint ever made earlier during 3 years of marriage.

2) I have applied for a divorce in Jan 12.

3)  Wife has not been living with us since October 11,

4) Just to frame 498a/324 charges, she visited my home in May 12 after six months, stayed for a night threatening me that she still had a right to stay there as the divorce had not taken place by that time.

5) In her first complaint she accused 5 people from family and then in FIR draft there are 6 accused.

 

Thank you very much.

 
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Avoid arrest for all the family members and ask your parents to disown you.  Then your wife cannot drag them in the case. Keep all your evidence safe and do not get arrested. Consult a good local lawyer to counter false cases.

 
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What are the grounds for quashing of the FIR?

It is learned now that the FIR has already been registered on 20th June and is undergoing the process of amicable settlement till date. I have obtained a copy of it today.

 

 
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