Rajesh Joseph 17 April 2017

Thretening call from advocate saying will file 498a

We were married since 4 years and we have a 3 year old daughter. We were living in Trissur, Kerala

I year back we had some quarrel and she called her brothers and left with them. Later there was no information. I tried to get in touch with her. She changed her number and deactivated Facebook account too.

Recently I got information that she is in Mumbai and working. I managed to get her phone number and tried calling. She did not respond, sent some WhatsApp messages, but she blocked me. I tried to contact her brothers too. There was no response.

I week back I got a call from an advocate and he said;

She is not interested to live with me.
She is not willing for a divorce.
She will not allow me seeing daughter.
I can live alone leaving them to live their own life.
If I go to court for divorce or RCR or visitation rights they will file case like Domestic Violence, 498A etc. He said he has enough evidence to prove everything and I will be in jail.

They are highly influential people and can buy anything, and easily make any evidence. Now, Please tell me is there any option left with me.

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9 Replies

(Guest)

Dont worry about 498a or DV cases. They can't do anything with those. Police wont automatically arrest you in 498a. You can take anticipatory bail (easily). DV case is much less of a worry. It is as much a pain for them with DV as it is for you. Both combined, the cases can be managed easily (if you are innocent), with 1 or 2 lakhs cash in hand.

But it is strongly advised that you fight for you daughter and visitation rights. Do not let their threats block your pursuit of your child. Barking dogs don't bite. Fight hard and keep the relation with your dauther always intact.

If you need help in your struggle, we are here for you (and your daughter).

Best wishes,

1 Like

A walk alone (-) 18 April 2017

First you should collect evidence of her job and desertion. Then after 2 years of desertion file divorce on desertion and cruelty ground. Save all your messages and call. When her lawyer or her family threats you record this also. These evidence will help you in divorce. Meanwhile let her do what she want? If she want to file case , let her file. She herself spoil her life in roaming courts with zero result. Every body knows 80% ,498a are fake. Dnt worry. But file divorce only with evidence. Evidence of her job will you help in maintenance case if she file

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 18 April 2017

Where are you situated now, in Mumbai or in Thrissur?

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 18 April 2017

Where are you situated now, in Mumbai or in Thrissur?

Rajesh Joseph 18 April 2017

Thank you all for your suggestions.

Rajesh Joseph 18 April 2017

Thank you all for your suggestions.

Rajesh Joseph 18 April 2017

@Dr. MPS Ramani, I am in Trissur. I came to know that my wife is in Mumbai.

Sachin (N.A) 18 April 2017

First collect evidence of her income and then file any case.

sivanand (advocate) 18 April 2017

Hi, My honest suggetion to you why you worry about her while she deserted you long time back and even dosent want to talk to you and see you. If you want relation with your daughter file for visitation rights. File divorce pitition on the grounds of cruelty and desertion (if she left you more than two years) if she dont respond to court summons obtain exparte divorce and marry some other good lady and lead your life happily.