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kms (govt)     25 August 2014

Need urgent help

our marriage took place on 23rd january,2013.it was arranged marriage.after marriage both of us understood that we are not made for each other.our mentality does not lie under same line or same direction.but i was doing all my responsibilities.even till now i am doing all responsibilities.we was never happy.I tried to take divorce.but whenever i asked for divorce,they denied(my wife & her family).before durga puja last year(2013) when i asked for divorce,they filed false 498/316/325 cases upon me,my parents & my uncle & aunty.my dad is suffering in neurological disease from last 10 or 12 years.my mother is housewife.my uncle & aunty stays in other place approx 200 km away from our city.when they filed these cases i completely lost my nerves.because my father is ill & i am a central government employee.we escaped from home & applied for anticipatory bail in sesion court.but they already made some deal with public prosecutor and he delayed our bail application almost one month.in this period(one month) we suffered a lot.my office was not ready to sanction leave for one month.i did not get my salary in this period,my father,s condition was not good.mentally,economically we were finished almost.but my bail application did not move in session court any more as government pp was in their side.ultimately we were forced to return her back(my wife).then she submitted a written in police station & court that all cases upon me was created due to misunderstanding.and then I got anticipatory bail from session court.me,my parents,my uncle aunties all got ab from session court..but case is still pending in court.

now she is staying with me.but i am not in condition to stay with her in future.but i am helpless.there is nobody to help me.my life has become a nightmare.i am trying to move for divorce.but i have to secure first that there will be no arrest if they file another some false cases against me.

my query is they filed 498/325/316 against me and dv case in women protection cell.we took ab from session court.case is still pending.now can they file another some false cases(non-bailable) against us if we proceed for divorce?because they are adding some non-bailable section with 498 section.i have to prevent arrest from such false cases any how because my father is seriously ill & i am a central govt employee .everyday i am dying everyday  thousand times.please help me out.please



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 5 Replies

Adv k . mahesh (advocate)     25 August 2014

when i asked for divorce,they filed false 498/316/325 cases 

here you have not cleared in your query is your wife is also interested for divorce then no problem you or any of their family elders can talk and settle the issue by going to mutual consent divorce which takes before one year to get divorce and if you file divorce which takes more time and more over you and your family will be face stress everytime

so first make any elder person of your family and their family discuss the issue and settle this issue

we were forced to return her back(my wife).then she submitted a written in police station & court that all cases upon me was created due to misunderstanding.and then I got anticipatory bail

already she came to your home then at that time only she should have withdrawn all the cases 

Prasad (Systems Engineer)     25 August 2014

 
Hi KMS,
 
Please stay calm. Everything is going to be alright for you.

Please do not lose hope. 

Your present situation is not final and it will keep getting better.

You are going to become stronger than ever. 

As you already have taken AB, you are safe. 
 
As per recent SC judgements, police cannot do any immediate arrest for 498A.
 
So, Please stay calm. Everything is going to be alright for you.
 
As you have lost trust in your wife and have decided not to live with her,
please follow some of the suggested steps below.
 
You have to stay calm, cool and composed. Take care of your health.
 
Capture proof of your wife's cruelty.
- Buy a good voice recorder and record as many instances where your wife abuses you by words.
- Record all telephone conversation with her.
- Bring all your concerns in the telephonic conversation and record her responses.
- When your wife starts abusing you, call any of your/her relatives and keep the phone on.
  This way her conversation is also recorded and third party on the other side also becomes a witness.
- If possible, write emails to her and record the email responses.
- Tell your friends/relatives/neighbors/her-friends/her-relatives to give a surprise visit to your home during the time when your wife would be fighting with you.
- They all stand as the witness of your wife's cruelty.
 
Do this over a period of at least 2 months.
During the same time, try your best and sincere efforts to change your wife for good.
After you have got enough evidence, if she has not changed her behavior, file a surprise police complaint.
 
After a year file divorce petition based on "mental cruelty".
Send the divorce petition to your wife when she is in her parent’s house.
You mention in the divorce petition that your wife has treated you badly.
Mention all instances of cruelty and submit all proofs collected in the last one year.
After few months/years, you will be able to get divorce.
 
Take other precautionary measures financially. Close any joint accounts. 
Do not buy properties in your name. Sell or gift any existing properties to your parents/sister.
Also get ready to face any false cases that your wife might file against you.
When you win her false cases, those cases become proof of the cruelty.
 
I assume that you have still more to be done to change and live with your wife.
If you have lost all your hopes and trust on your wife and yourself, then try the above. 
 
Let the best effort be given to save a marriage. That is our cultural strength.
Every member in this forum hopes that as many marriages are saved than broken.

kms (govt)     25 August 2014

hi k mshesh...at the time of filing those cases,she was not ready to take divorce.but now she wants too but her family does not want divorce.

for your second query,case is not withdrawn till now.as those cases can not be withdrawned.but we took her back as we did not have second option.

my query is all those cases are still pending.me & my family is on ab.can they file some other non bailable cases now?

kms (govt)     26 August 2014

can i get anticipatory bail from high court now on such ground that she can file some other ipc in future?please suggest.(as she already filed 498,325,316 and then gave statement that it all happened in misunderstanding)please help

kms (govt)     26 August 2014

Please rply...please help me....


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