rajesh bajaj (employee) 12 December 2012

Req help for false 498a 406 323

DEAR ALL

I AM INDIAN CITIZEN , I AM A COMMERCE GRADUATE MY FATHER HAS A RETAIL KIRYANA SHOP AT OUR HOME TOWN I HAVE MARRIED SINCE FOUR YEARS , I HAVE NO CHILD , MY WIFE USE TO HARRASS AND TORTURE US (ME AND MY PARENTS) DAILY , SHE USE HURT HERSELF AND MAKE SIGNS ON HER BODY AND USE THREAT US THAT SHE WILL GO TO POLICE STATION AND FILE A CASE OF 498A ON YOU AND YOUR FAMILY . HER FATHER IS FROM A POLITICAL PARTY .

THEN MY PARENTS INSISTED TO LIVE SEPARATELY , THERE ALSO SHE USE TO HARRASS ME. IT GOT INCRESING DAY BY DAY , WE SENT A WRITTEN COMPLAINT TO POLICE AND MY PARENTS WRITTEN COMPLAINTS TO THANE POLICE AND ALL POLICE COMMISSIONERS OF THANE DISTRICT .

SUDDENLY , THE HARRASSMENT INCREASED SO MUCH , I HAVE LEFT THAT HOME AND SHE WENT TO HER FATHERS HOME , I WENT INTO DEPRESSION AND I LEFT FROM INDIA .

NOW, SHE HAS FILED A FALSE 498A , 406 , 323 CASE AGAINST ME AND MY PARENTS . MY PARENTS GOT THE BAIL ON THE SAME DAY .PLEASE GUIDE ME WHAT TO DO NOW ?

I CANNOT GO BACK TO INDIA SINCE THEY HAVE SHOWED IN THE POLICE THAT THE PERSON IS ABSCONDING .

PLEASE HELP & ADVISE

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4 Replies

(Guest)

what's your status overseas ?

ANAMIKA VICHARE (LAWYER) 12 December 2012

whether u hv a child ? if not....

then just keep quiiet for 2 years....do not do anything,...when the girl wish to get married to somebody else...she will come down to settlement at yr terms n conditiosns

further advicde...strictly by email...

anamika_vicchare@rediffmail.com

Purush Hakka Saurakshan Samitte

Anamika Vichare, Family Court lawyer, MUmbai

Sudhir Kumar, Advocate (Advocate) 12 December 2012

The way you have described that facts, it appears that you are harassed by 498a. Since your parents have easily go the bail it is apparent that the case against you is weak one. But inspite of this there is peculiarity in your case and you are caught unholy situation.

However, your absence from India gives other party an opportunity to invent a they that you are absconding. The other party could have sought your return to India but they are perhaps going cooly very deep and voluntarily ignoring you being out of India so that you could be declared absconder.

This type of situation can be use to further harass you by initiating action under Section 82/83 (proclamation and attachment).

Your advocate in India will be the best person to guide future way as he is privy all papers. You should consult him on the feasibility of AB and if necessary to com an take bail. It is true that once on bail your movement outside India may be on the discretion of the court but allowing the present scenario is more difficult for you.

If no reconciliation is possible then start thinking on ways for peaceful exit out of unfortunate relation. In this regard the advise given by Ms Amanika Vichare is worth considering. But you cannot allow yourself to be called absconder.

1 Like

Zubair (aaa) 15 December 2012

Dear All,

1) Can this person come India without AB, may be its a recent case and LOC might not be issued?

2) What if he is sure that LOC is not issued, then can he come to india without AB?

3) What if AB is not granted, what will happen if he gets at Airport?

4) Can he come and surrender himself and then take a bail? May be this will show some concern in the eyes of majistrate?

Pls reply