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S.B _Kolkata (Service)     25 December 2009

In laws made plan and invited husband to...

Recently I got several call over telephone from my wife /in law to come and have a talk. My wife is staying with daughter at her parental house. Before that several times I requested them to come back and stay with me/my family and they refused.

Also they have started to accuse me falsely by showing that the mental,physical torture happened on her. Not only that contineously they are accusing my parent in various ways and means.

In this situation, what should I do? Should I go there? Should I stop to talk with them over telephone?

The FIR not yet filed against me. Can I get Anticipatory Bail at this stage?


 12 Replies

Adv Archana Deshmukh (Practicing Advocate)     25 December 2009

There is no reason for filing for Anticipatory Bail at this stage. Try to take help of some relatives / friends who can play the role of a mediator.

If you feel that they would involve you in some false case or make false allegations if you go there alone,  then take some respectable persons along with you.

1 Like

Suchitra. S (Advocate)     25 December 2009

Archana ji has given you the perfect advise.

1 Like

DR.SANAT KUMAR DASH (Eye Specialist)     25 December 2009

 I  agree with Adv. Archana.

1 Like

Anjali (IT)     26 December 2009

if I were you, I would not go to their place , instead meet at common relative / friend house.. and discuss the issues with either side elders ppl....

1 Like

N.K.Assumi (Advocate)     30 December 2009

I absoultely agree with Archana.

1 Like

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     16 January 2010

I agree with Archana and if it is not possible and if u think ur in-laws are not good, then better write a letter to wife by way of registered post with acknowledge asking her to get back to your home and to lead a happy life and ask her to give her demands in writing so that it will give u an evidence, if they falsely implicate you in Sec 498.


1 Like

S.B _Kolkata (Service)     16 January 2010

But the thing is that she is accusing me every day over telephone and asking me to arrange some separate house. She wants to stay with me but separately which is not acceptable for me at all. So what steps should I take at this stage? please advise me accordingly...

Hardik Mehta (Family Counsellor)     17 January 2010


I would suggest you to file for the child custody. When the matter comes to the court, just tell them that your wife is forcing to leave your parents, and with such demands I am also separating my daughter legally from her, in the same way she is doing. There will be lots of allegations, and dont worry about the same. This can be handled. Apply for Child Custody.

1 Like

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     17 January 2010

First try to write a letter to her first so that it will support you in future. In case if she sends you reply that would be better that she commits for separation. then you can file a case for custody of child as suggest by Sri Mehta.



1 Like

S.B _Kolkata (Service)     17 January 2010

According to the advises from your end what I found as stated herein below:

1. I can File a case under article21(Basis of Divorce)

2. I can file RCR

3. I should stop to send money.

4.I should write a letter stating the non acceptance of her proposal regarding separated stay.

But In the mean time I got an chance to go South Africa from my office (for 6 month).

I believe it will help me a lot to have money in hand to give her a GOOD fight, as we are belonging a simple middle class family.

And one more thing that I should disclose to you people that My wife was convicted by IPC for the looting case before 9 years and spent 6.5 years behind the bar.

Knowingly I got married her to bring her into the main stream of life but facing the same adversly... Though she have already changed her name also...

I do not know in detail about the case but she stated me before marriage.

May be her behavior is nothing but the consequence of Jail life????

Please suggest me.

Roopsi (student)     08 February 2010

i think archna ji and narsimha sir have suggested you the best option. you will get the evidence which will help you in future if she files any case against you.and after that if she still dont want to stay with you with your paents, you can file the RCR case.

Mahesh (Owner)     08 February 2010

Just tell over the phone to your wife that you found another girlfriend in the meantime (pl. make sure it does not get recorded anyhow) and therefore you take your own sweet time to come back and see how she runs back to you!!! I am not a lawyer and this is just my guess if it works. My best wishes to you!

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