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Alex (Business)     13 March 2009

Anticipate false cases from wife...plz help

Now its five months since i got married. We lived together only for one month since then she is living with her parents. One month back I received divorce notice from her advocate and my advocate replied to it saying all allegations are false and i'm not ready for divorce. Now, she is threatening me about filing false cases against me, but no case has been filed in court yet. So, Please tell me how can i get protected from her filing false cases 498a etc.? As i think she will file false cases against me & family to force me to sign divorce papers, i want to take all possible precautions. Please help.
 



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 10 Replies

Swami Sadashiva Brahmendra Sar (Nil)     13 March 2009

no one can restrain her from filing cases. however, her divorce notice will help u in defending false cases. u may approach the court  for anticipatory bail if it is applicable in ur state.

prof s c pratihar (medical practitioner &legal studies)     13 March 2009

in few months virtually yr matrimonial home is broken , some strenge matters prevails.first of all you should try once more by contacting those who arranged negotiotion of yr marriage.even reply to advocate notice is initiation of a case .you can get anticipatoty bail as suggested by tripatiji.real facts and circumstances yr lawyer will understand and advice you better accordingly.dont be afraid of.

K.C.Suresh (Advocate)     14 March 2009

Its strange as prof said. But you cannot prevent her from moving with 498 A. Best of luck.

M. PIRAVI PERUMAL (Advocate & Consumer Rights)     14 March 2009

I agree with Mr. Suresh.

PALNITKAR V.V. (Lawyer)     14 March 2009

Some courts do not grant anticipatory bail unless FIR is registered. In such circumstances, what should be done.

Ajay kumar singh (Advocate)     14 March 2009

There is nothing to worry so much. The divorce notice will help you as Dr. Tripathi has said.

Binod Kumar Mishra (Government Service)     15 March 2009

My dear friend,


without dealying any single day you must file
a case under section 9 of Hindu Marriage Act, 1955 for restitution of
conjugal rights. since not one year have been completed to your
marriage, then she has no scope of filling divorce suit against you,
but definately she can file her god gifted 498(A), a valuable gift
without any efforts, that has been given to the women who are trying to
be given more autonomy. she will definately file a case under section
498(A)  and will implicate even babies of your family.


be
relax everyone should get anticipatory bail, leaving only you in the
desert for need of water and definately you will not get it. i don't
want to comment on judiciary, but they will only define the term like
mental cruelty and legal terriorism but practically they will not
implement the same on you.


 


so be brave and consult a good lawyer in your area.

yash (lawyer)     15 March 2009

she can go for criminal cases u/s 498  and also under domestic violence act

Shashi Kiran (Self)     29 June 2011

I'm in similar situation :

Can I disown my parents or anything to prevent them atleast from any troubles ?

Sajeev Menon (Legal Consultant Dubai 00971 508836442)     29 June 2011

Dear Mr.Alex,

 

You should file a petition for anticipatory bail as well you family. At least you can grab an order that in cases if the case if it is registered later, you shall be granted bail as per the anticipatory bail order and the divorse notice will help you as well. As Mr.Misra stated just file a petition before the family court for the restitution of conjugal rights.

I wish you to try for an amicable settlement beyond the legal complexities. All the others are for your self defence.

wish you have a nice time.


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