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Tathagata Chakrabarty (Director)     28 October 2011

Anticipatory bail against dv act/498a

I am a 52 year old Male, married for 27 years. My wife was having a personality disorder since marriage, wherein she used insulting language at the slightest pretext aimed at almost anyone around her, as a result she has poor relations with even her own family

She used to threat me with committing suicide and putting everyone  in the family behind bars and also asked me to commit suicide if I could not buy expensive things. In May this year I got a job offer in Mumbai and also found out that she was having late night phone calls from male friends and later (verbally) admitted to having physical relations with some of them. She again repeated her threats that she would ruin my job by misusing the law if I did anything. I made a  complain to the local PS recording the above facts. I am now in Bombay but during one of my visits in end August  we had a verbal altercation  but she has informed me that she has lodged a complaint with  some social service organization for Violence against her and is planning to inform my employers or local police and has send threats to do so. Under the circumstances I have the following questions.

1.Since nearly two months have passed ,Is their any time limit within which the Service provider has to inform the Magistrate or the local Protection Officer. Can I ignore this threat now?

2.If I file a Divorce Suit now on the ground of this threat, and the fact that I have complained to local PS in June stating my fears, will I get protection/anticipatory bail from harassment under DV Act or 498a?

3.If I file a divorce suit, will she be able to create any problem in the job?

4.I have huge debts to repay- & in case of Maintenance,will it be calculated only on my present income but also on the total position of my finances?

Please help mr with your valued opinions

 



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 6 Replies

**Victim** (job)     28 October 2011

Sir nothing personal against you but i noticed there is a huge age difference between two of you. She is still having late night phone calls may i ask you is she having affair with someone ? If so then you can file for divorce under grounds of adultery. Although i am not sure if you want to divorce her.....

ajay sethi (lawyer)     28 October 2011

you have been married for 27 years . the laws of divorce, domestic violence , 498 A are biased in favour of women . if you file for diovrce she will claim maintenace . she can also under Dv act claim right to stay in shared household , miantenace, ptotection order . etc.

 

if you ahve evidence of your wife having indulged in affairs you can file complaint against your wife for adultery .

 

it is also a ground for divorce but you need evidence . dont take any hasty staeps before consulting a lawyer .

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     28 October 2011

Dear Chakarbarty

I am agree with Mr. Sethi

ASHWANI KUMAR RATHORE (ADVOCATE)     05 November 2011

I AGREE WITH ABOVE 

Y. T. R. Rao, Advocate, VIZAG (ADVOCATE)     06 November 2011

FIRST OF ALL, TRY TO SECURE PROPER EVIDENCE ABOUT HER BEHAVIOUR. SEE THAT YOUR PEOPLE ARE AWAY FROM HER. AND THEN MAKE YOURSELF FREE FROM HER. UNLESS A CRIME CASE IS REGISTERED OR LIKELY TO BE REGISTERED AGAINST YOU WITH REGARD TO YOUR APPREHENSION, YOU CANNOT SEEK ANTICIPATORY BAIL.

Anil Kumar (IT Professional)     06 November 2011

So but the ground for seeking anticipatory bail if we know the the 498a likely to be filed by wife. Specially in Allahabad U.P.


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