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Kunal (personnel)     18 September 2012

How to file & get divorce for man

Dear Law Experts,

I am Kunal.i got married in February,2011. marriage went well just for one week. then my wife started shwoing her actual colors. she started quaraling with me and my parents. even she was using abusive words and also used to hit my old aprents in my absence at home. she used to talk to her self loudly alone in room. she looked like mentaly ill to me. then after completion of two months of marriage ,she got call from her parents to celebrate festival and she went to her parents place. after that she refused to returned back to my place and her parents also started giving us threatening call about putting me and my parents behind the bars and will file  all kind of false allegation . they demanded to pay 50lac rupees or otherwise  they threatend us to make our life hell and will never give me divorce as well as never stay with me. right now she is sending us all kind of leagal notices and even she threatend us to file 498 and dowry case against us.

me and my parents got fradeup of these false alleagations,daily drama from her end. i am staying 2000km far away from her place and every month now and then she forced me and my parents to visit police station. it's very difficlut to bear this mental and physical harresment from her end.

(1)is there any best way that i can file divorce case from my side as she refused to give me divorce as she asked for 50 lac.

(2)if she files 498 then how can i protect my self and what are the cases i can file against her.

Please need imediate help.



Learning

 2 Replies

Anish Thakur 7018812737 (advocate)     18 September 2012

dear querist ,

first of all dnt  panic, keep patience and cool mind and wait for my next reply.

Anish Thakur 7018812737 (advocate)     18 September 2012

STEPS YOU HAVE TO TAKEN AS PRECAUTION IF YOU ARE RECEIVING THREAT OF false 498A IPC-

Do not take the matter lightly. This is quite common practice by some greedy and business
minded women in India. Think quick & smart. Whatever happens just stay cool, don’t express
your anger to anyone (Officers, public, neighbors, In-Laws etc.). Stay Polite in EVERY situation.
Contact a lawyer you can trust, ask the members of Save Indian Family Yahoo Group for the
reference of trustable and able lawyer in your area. You have to work harder than your lawyer
and above all keep calm, keep collecting evidence, maintain your professional job etc.
1. Fill the new 498a victim questionnaire at:
https://groups.yahoo.com/group/saveindianfamily/files/498a%20Victim%20Questionnaire.doc
2. Make a detailed statement (with every detail you can think of, do not worry if the document
becomes lengthy one) about your innocence and handover to police commissioner in writing
(copies to SHO your local police station, ACP your local police station, DSP your local police station
and a copy to ACP of her local police station. State in the document that you are under threat of
"Falsely Implicating you, your parents and relatives in Dowry related and other criminal cases". If
possible mention Blackmailing etc. This is sort of Advance Declaration from your side about your
situation and your problems. This will be your weapon to defend their allegation.
If you have any evidence, file a complaint in police station and get a stamped copy, if not possible
send through registered post. Then move to court and try to register the same under criminal
procedure 156(3), for necessary investigation.
If the complaint made in police, CAW cell , try to get the copy and apply for Anticipatory bail , court
notice for protection whatever applicable as per your state , at any cost you or your family member
should not surrender to police , once you are able to get the bail , they will be under pressure .
Collect all the related judgments, from Supreme Court and high court, to get the bail easily.
Always ask the bail for family members first (except husband) . Once the same achieved , then
apply for the bail for husband in lower court , lower court will may reject it , move to session
court ( may reject it ) , move to high court ( may reject it ) , then move to supreme court , we are
here to help you out.
Normally at High court it self the bail or arrest stop judgment gives, as they know Supreme Court
Judges are not fool. In case of TADA/POTA also people get bail, this is a family dispute only.
3. Collect evidences of Your innocene. Because you have to prove that you are innocent. SHE
DOESNT NEED TO PROVE ANYTHING. This you can send to president of India, Prime minister of India,
Human right organization, News paper Editors etc.
1 of 2
www.498a.org
4. Be cautious while talking over phone etc. They might be recording it.
5. Record their conversation if they speak to you about all this. Keep the backups of the
evidence.
6. Gain knowledge about laws and your rights. It is very necessary for you to make an effective
Action Plan. Join our group and browse for the uploaded files in our website and search in Google
for 'Misuse of 498A'. Gain knowledge and confidence. Because only you know about your
relationship status and having knowledge about LAWS and FACTS definitely will help you to make
an effective plan.
7 Don’t by shy in public. Don’t try to hide this matter anymore. This happens in each and every
3rd house in India. Let neighbors, friend circle and others know the facts from you before she
spreads any FALSE story.
8. If possible keep track of their current activities if you have some 'Reliable Source of
information' from the other side.
9. Check for the evidence in your premises which could be used to prove that she is NOT willing to
continue with you and SHE JUST WANTS TO WALK OUT FROM THE BOND OF MARRIAGE for no
apparent reason.
9. If you want to reduce the problem for your family members, disown your self from your father
legally and book a working hostel /accommodation , to show that you stay separately , no relation
with your other family members .

feel free to call for more detailed advise.


 


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