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Ragne (mtu)     31 October 2009

Antipcipatory bail and divorce application

Hi

Today again I received a threatening call from police saying that my wife I am separated has give a huge application to police about me. I suspect it can be 498 A now because false complaints about me have been given now by her about 8 months both to Woman Cell and Police. I have been in all police and Woman Cell hearings and any solution i offer her to come back to me or live in place i can pay, are not heared. The only thing she is repeating is i want to send u to prison.

Until then she has not given divorce to court but threatening now. I am tired of that vicious circle - is it reasonable to give application to court for divorce based on cruelty and also apply for bail to protect  for arrest. I must mention one time i have been already take to police station and held there 2 days and beaten and then let go . Please need some guidance to finish her abusive behaviour. Thanks to all.  



Learning

 12 Replies

aruntrivedi (lawyer)     31 October 2009

Please let us know you are from which state and which laws are applicable. Also you can send your counsel/lawyer/advocate to police station and given an application for copy of FIR - you may not go for apprehension of arrest, but you can send your counsel, unless it is difficult to suggestion you retailery action to be taken - be quick and give information. Sure will suggest ou to save yourself from all these cruel notarious actions of your so called wife.

1 Like

Mrs. Hetal Sunil Shah (Advocate)     31 October 2009

arunji is right - pl give details of your State of domicile??

1 Like

Ragne (mtu)     31 October 2009

Dear Sirs

Thanks very much for supporting me. I am from New Delhi . I am figthing at the moment on my own , been out of business about 6 month due complete bedrest to motorbike injury. At that time the real torture from my wife started - i coudl not reach my own for food, toilet anything, absolutely unable to move - then all the toilet needs and food for me was allowed when she wanted - sometimes she not want to help me for days.....  . When i recovered she started to demand from me the same standard of living i had in my good business times, - out of business 6 months is long time and it needs time to take back on track -this is what my wife not understand - she left me when i was still not able to move without wheelchair and started the police and Woman Cell application cycle and doing it stil now .

The worst part is that she took both of my children sons, 6 and 10 yrs old and not let them to school almost  6 months, so they missed almost all schoolyear now. When i heard about i i was not allowed to have any contact with children I managed to take one my son away form her and put to school. Now my wife is accusing me for kidnapping child... still worried very much about other son who is stil not let to go to school. Any help is appriciated.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     31 October 2009

Dear Ragne,

You have to approach the court to get the child custody. If you r in better position and your wife is not able to provide proper education etc to your child then court will allow the custody of both the children to you only.

Good luck

Regards

adv.kamal.grover@gmail.com

K. Rajendra Prakash (Advocate)     12 November 2009

I am sure crime will be booked against you under S/s 498-A IPC and other relevant sections.  Try to get the copy of the FIR from the concerned court.  Your offer to your wife to come and lead happy marital life did not yield any fruitful result.  Intention of your wife is very clear that she wants to see you behind bars.  In these circumstances, I do not see any reason to notsuggest you not file application for divorce.  If there is any possibility of mental compatibility(I do not think so)  once again try to get the matter reconciled otherwise, go for divorce on the gound of cruelty and also try to get anticipatory bail.  In case you receive any further threatening call from the police, make an application to the State Human Rights Commission seeking protection of your human right.

K. Rajendra Prakash (Advocate)     12 November 2009

I am sure crime will be booked against you under S/s 498-A IPC and other relevant sections.  Try to get the copy of the FIR from the concerned court.  Your offer to your wife to come and lead happy marital life did not yield any fruitful result.  Intention of your wife is very clear that she wants to see you behind bars.  In these circumstances, I do not see any reason to suggest you not file application for divorce.  If there is any possibility of mental compatibility(I do not think so)  once again try to get the matter reconciled otherwise, go for divorce on the gound of cruelty and also try to get anticipatory bail.  In case you receive any further threatening call from the police, make an application to the State Human Rights Commission seeking protection of your human right.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     15 November 2009

Dont worry Ragne,

First send ur advocate to precoure the copy of FIR then get the Anticipatory bail and also file an application for Divorce as well as Custody of children in the court. Plz show her financial condition and i hope everyting will be in ur favour.

Regards

 

Deepankar Dutt Sharma (Advocate)     17 November 2009

Dear Ragne,

This is very pathatic to read the story but today necessity is to get anticipatory bail.there could be some more points which are yet to be disclosed try to get the copy of FIR OR GIVE ME A CALL,so I can suggest you some defences.

DEEPANKAR DUTT SHARMA

Advocate( Delhi High Court)

deepankardutt.sharma@gmail.com

09871033793 

Mahesh (Owner)     18 November 2009

Dear Mr. Ragne,

Though I am not a lawyer, I would like to point to the fact that as per law:Giving or taking dowry is a criminal offence under Section 3 of the DPA with imprisonment. Once you confirm that you are falsely accussed in this dowry case, file another case against your wife and her parents for giving dowry. It is also equally punishable by law. Teach them a lesson as well.

 

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     18 November 2009

 

 

Mr.Mahesh is also well said but not practicle.

Anyhow u can go ahead

K. Rajendra Prakash (Advocate)     20 November 2009

File petition for divorce and also for custody of child without wasting further time.

Hardik Mehta (Family Counsellor)     24 November 2009

Range,

First grab the copy of the complain and see the charges. Then apply for AB accordingly followed by the regular bail. The police in Delhi may not arrest you immediately without any investigation, but you should take care. You also need to apply for the child custody and get the 2 children together. The time taken is much more in these types of cases.

 


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