lifequery (looking) 16 September 2008
Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 17 September 2008
Chief Justice do not matters does not matter
I feel like laughing at your answer.
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Keep Smiling ...HemantAgarwal
Guest (n/a) 17 September 2008
anticipatory bail was obtained because, this is the only protection available, also in the event of my wife filing false cases, I'll end up losing my job and will have to face unnecessary harassment/torture at the hands of police, if i don't have an anticipatory bail.
and please sir, this by no way decides the culprit, if anything, this proves the terror and fear I have from my wife and in-laws. Having said this, this by no means be construed as the weakness nor should it be assumed that this gives me a culprit status. After all who wants to complicate his/her own life.
please this is my humble request to everybody to give their sincere suggestions on the legal aspects of the case, it's an emergency, at least for me, and i desperately want help. Anyhow thanks for your reply.
Himanshu Prabhakar (Advocate) 17 September 2008
hi,
do one thing try to locate and search whether she married earlier or not check court records etc., then you can file a criminal and civil case against.
if she is not married then you can file a divorce petition against her. dont worry for this you need not have to be on bail she she is living away from you since long and your parents are also not living with you.
regards,
lifequery (looking) 17 September 2008
what are the ways to obtain information regarding marriage registration? do i need to check individual courts for the information or there is some central place?
also, the marriage performed in temple, how to prove it and what all evidence i need to gather?
still if i file divorce case, then she can file false dowry and harassment cases, how do i go about avoiding these?
also please tell me, how to go about obtaining judicial separation, is it a better way????
yogesh (will tell you later) 18 September 2008
Dear Sir,
I too feel sympathy on hearing these facts but an individual you needs to be an optimistic .Truth always prevails no matter how the opponent strong may be for this u need strong determination and courage to fight for this
On going through your facts you please collect all material facts what ever even if they little valuation from copies of e-mail,bank accounts statements ,photographs as collectively it gives valuation before the Hon'be court
As per Hindu Marriage act-1955 ,if any spouse left their matrimonial house against the consent one can approach to court for restitution of conjugal rights and on the basis of application court may grants decree to the respondent and ask them to comply the order
If the respondent fials to comply the order then court awrds divorce to petitioner with the burden on their side
AS said you had taken anticipatory bail that also holds good.In case any individual files wrong chrages to the family members of the spouse it will also treats to as "cruely" which is sufficient for granting divorce
If an individual implicates them by wrong charges he/she may also slapped charges against the opponent under I.P.C on getting acquittal such as fabricating false evidences,section 19-193 speaks in this regard and relevant sections also
As human one should think that he can misuse the law aast last he/she will also to paay for this!!
Regards
lifequery (looking) 19 September 2008
Many thanks for your suggestions and help.however still many questions remain unanswered, like, Is there any central authority from where the marriage registration details could be obtained??if I decide to take the matter to court, what approach should I take, judical separation, RCR or a direct divorce petition?I am willing to take more risk, but want early resolution of the matter, what is the best approach for me?Can I file several cases at the same time, like judicial separation/RCR and Divorce petition, marriage by fraud, cheating, defamation case, mental agony & torture? suggest me some more if applicable, since family members are clearly involved, how many people i can take to court and what could be the possible grounds/charges. I want to teach these b*st*rds a lesson.
lifequery (looking) 22 September 2008
is this what i expect from u learned people???????????????????
yes it's my problem and i should be the one who should be solving it, is my asking for help, a crime?? it certainly does seem so, cos, people laugh & comment, but don't suggest.
u know what? everybody thinks that this is other's problem and will never happen with me.... keeping on thinking like this friends and reach nowhere....
Mrs. Hetal Sunil Shah (Advocate) 25 September 2008
Dear Lifequery
You have not given yr name. I am practicing lawyer in family Court and daily come across such queries.
First of all she had committed an offence under IPC 494 under which when one husband/wife is alive nobody can marry. File complaint under Section against her. You have been cheated so also file complaint under IPC 406 & 420. Collect all proofs and evidence, which are required and necessary. He diary and emails are solid proof. Also simultaneously file divorce petition under Section 13(a) of Hindu Marriage Act, seeking divorce. Also in criminal complaint of 406, 420 make party all yr in laws. The provisions of anticipatory bails are enough against arrest under DV Act. Also prepare Affidavits/Declarations as an evidence from your mother for all her quarrals and misbehviour that is required for defending all her allegations. Also take Affidavits of neighbours or relatives in this respect.
Keep me posted. Engage local lawyer who can file and fight case as above. Keep me posted on my email: advocate_hetalshah@yahoo.co.in or through this portal.
Also start sending MO of Rs. 1000/- per month as alimony because when she comes up with CrPC 125 it will be a good defence. Inform me of all developments.