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praveen sharma (s/w engineer)     27 November 2012

Plz help......regarding 498a

 

I m a resident of Madhya pradesh but living & working in Mumbai, Maharashtra. I got married (arrange marriage) this year on 11 Feb 2012 in Madhya Pradesh with a girl of same community. My wife & father in law both r an advocate in that state.Things were not good from the start. After 20 days of our marriage my wife has gone to his fathers home saying us that there r some rituals (pagfera or pehli vidai, some riti rivaz) & will come in shubh mahurats, but didnt came even after 25 days.Then I went there & bring her with me after so many disputes. Then she resided with me in mumbai. She want to continue her career in mumbai as an advocate but never succeed. Then she & her father insists me to shift in Madhya Pradesh so that she can restart her career. But I denied bcoz i cannot resign so easily from my job & also there is no job opportunity for me in Madhya Pradesh as i m doing software job.

Things gone worst...when my wife fight with me & my family everyday & always did mentally tortured to us by saying that she will do anything as she is an advocate & she can easily put us behind bars. Once She also told that I have an affair with my younger brother's wife (who is like my sister) & both they got married (love marrige) this year on 4th March 2012. As i was came angry i slapped my wife & then she has also tried to slap me back. Next day she went to her fathers home (mayeke)  for festival of rakhi. From July end to till date she has not came here. when I sent my uncle & aunty to bring her back ,but she denied to came. she has put down so many allegations that I had tried to kill her. She & her father told me that they will strech me or stand me & my family in the court. 

After all these things I have sent a legal notice to her regarding that after 4 months my wife is not coming here.....
But the notice came back as she denied to receive it....

And now today Police came to my home saying that my wife has filed an FIR (for dowry saying that we are demanding 5 Lakh & a car) against me & my family.....
What should I do now????? Plz help me.......as I know that me & my family are innocent, so why should we pay for the crimes that we had not done....

Plz tell me what can I do now??   Should I take anticipatory bail for me & my family??  
how can she file a dowry case against us whether she is not resided with us from the last 4 months????
Should I file a case against her of misuse of 498a???
Plz reply.......



Learning

 3 Replies

SAM (LEGAL)     27 November 2012

Dear,

 Please file reply to the police station that you have not demanded anything to your wife and your father in laws. Please try to concole your wife and take her into confidence by talking out openly with her alone in sperate corner and if convinced go for mutual consented divorce. Just ask her what is the problem with her? why she wants to take divorce? If she do not want to talk with you then in that case apply through RTI and get the copy of FIR immediately and see what has she mentioned in the FIR regarding yourself & your family members.

File for Restitution of Conjugal rights application in the Family court in your area in your jurisdiction and try to bring her back. Also write a letter or an application to the local police station mentioning all the facts & circumstances of the matter in detailed manner and make it out the all the allegations are baseless and are fabricated against you to tarnish your image. Domestice voilence case cannot be registered against you and 498A cannot be registered against you as your wife have no evidence to prove that you have asked for dowry or you have physically tortured her.

praveen sharma (s/w engineer)     27 November 2012

Hello Sam,

I m very thankful to you that you gave these suggestions......

I thought to file RCR but in other case I thought if she comes with me, she will create some drama & may be try to make any fake evidence after all she is an advocate & knew how to make her case strong.  

so whether should I file RCR or not??

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     27 November 2012

1. RCR is a waste of a remedy. In fact the notice which you sent is also akin/ prelude to filing RCR. Such kind of retaliation is expected.

 

2. Now you seek AB for everyone in the family. 

 

3. Further advise is possible on the perusal of the FIR.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

+91-8010850498

www.facebook.com/shoneekapoor

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