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legal terrorism   30 June 2015

Losing hope

Hello everyone,

I am just another victim of 498a gang suffering for 2 years. I thought of sharing my experiences with you guys in hope geting some hope as I have started losing hope in my long battle. I appreciate members of this forum specailly who has gone through same torture and now happy to help others.

I should start from the begining of unfortunate marriage happening in 2010  and a girl child in 2011.I live in bangalore and work in a software MNC. Both of us ( me and my wife) are from Bihar.  As commonly here, girl wanted me to leave my old parents and stay with her seprately, failure of which she left the house in 2012. We tried in vain to convince her to return but instead she opted to teach me and my family members lesson by becoming legal terrorist. Following are the cases she has filed against me, which has been no less than a bomb explosion for us;

  1.  498a private complaint petition with judicial magistrate who took cognizance against me and rest of family members in 2013. Somehow, luckly escaped arrest and went on to file the quashing in High court which quashed the complaint against everyone except the husband (me) in 2014. My case was sent by the high court to the mediation centre where I agreed to take her back in 2015.She stayed with me for one month and then went to mediation centre on schduled date and gave in writing memo that everything is fine and she is happy. After that she went to her home to see her ailing father and has not returned to me since then.Current status of the case- pending in lokadalat for 4 mothns.
  2. 498a,341,323,325,307379/34IPC and 3/4 D.P act filed at police station-in 2014  accusing me and my brother to cause her grievous injury with fake doctors report.Police took cognizance after SP level enquiry ( which we knew nothing). We weren't lucky this time and we  only came to know about this case when my brother was arrested on way to his work. He got regular bail from high court after spending 2 months in judicial custody.In the meantime, I filed anticipatory bail application in lower court which got rejected a month before, because my wife who was taking care of her ailing father promtly appeared in the hearing and informed the judges that mediation was not successful and the written memo given by her in high court was under pressure from my family.Current status of the case- warrant has not been issued yet. anticipatory bail petition pending in High court
  3. Application to DGP bangalore, Ministry of external affaris and Home ministry-  May 2015 Her cruelty didn't stop on getting my AB bail rejected. She went on to wrtie letters to above mentined authorities pleading them to arrest me as Bihar police is not taking any action to arrest me and telling them to prevent me from going outside the country. Luckily escaped arrest when bangalore police came to arrest me at me home. Current status- I have to hide like a criminal, not able to work at the office.
  4. Family maintainence- June 2015 Finally and suprisingly, this is the latest blow by her in which she had asks for one lac monthly( not even my monthly salary in reality) maintence giving absurd figures about my income. Current status - I have got the notice from the family court whihc asks to attend the next date in a weeks time.

There is only one case filed by me which needs to be mentioned as well Restitution of cunjugal rights in 2012 She has not attended any hearing and current status of the case-  judge might be asking to advertise for her in newspapers in next hearing.

As you all can see, it might seem to some of you as a one sided story but that's the fact, I am losing hope after never ending suffering by me and my family. I want to ask the experts few things like;

  1. Is there any way to stop the deadly attacks- can I do any counter cases . My lawyer advises not to do it as it will go against me. I am  not even aware of the types of counter cases
  2. I am so fed up that i want to give divorce and get rid of her. Again, my lawyer discourages it citing the same reason as above
  3. If my anticipatory bail is rejected in high court, what is the system in court in terms of money expenditure and time taken.
  4. Is there no liablity for making false statements in court as my salary is given as four times more than my real salary. I am not businessman, so can prove that in court of law by giving IT return.
  5. Since i dont' have to hide anything, is there no provision for any CID inquiry for a common man like me
  6. What can be the impact of her writing letter to Home ministry and external affairs. Is it safe for me to travel. I have read in news that people get arrested in immigration. Is there any way to find out before travelling

As, you all can see that just like any common victim here, I am scared, confused, disappointed., anxious. Your expert opinion and advice might help me find some hope which I have lost.

 

 



Learning

 6 Replies

Globe Law Legal (Advocacy)     30 June 2015

In terms of travelling abroad you might face difficulties. But with respect to other litigations and judicial actions i would advice you to stop hiding and be present on court hearings( though it is going to be painful) .Not attending the court will worsen your case as you are anticipating arrest and that conduct will furnish a ground for refusing bail to you. Whatever may be the risk go ahead and present your salary slips or cheques as proof. Focus on the fact that you are not arrested because that way it might become even more difficult for you to battle it.

The mediation memo might be of help. It is quite difficult to prove that mediation was under duress. As per your version this has been used only to defeat the anticipatory bail petition but because the decision is pending do not think negatively about its fate. Use that to your advantage where you fear arrest.You may approach the Highcourt against abuse of procedure by your wife. There are so many grounds you can explore (not to counter harass her but be defensive). Your lawyer is either lethargic or ....no comments.

And if you are so badly entangled i would advice you to file for divorce at a later stage. Infact going by your version your wife might be sitting just ready with another platter of litigation, Also with an RCR Petition that sounds quite absurd.

Face the proceedings and do not loose hope.

1 Like

legal terrorism   30 June 2015

Thank you for the encouragement. I am just hiding until the anticipatory bail is accepted, otherwise want to take this fight to the logical conclusion. ( I might even like to learn law). For that, I want to know the legal offensive steps that could be taken rather than just being defensive, which unfortunately I have being doing for last 3 years partly because of the advice of my lawyer.

Can you please elaborate possibility of  filing abuse of procedure ( is it a case )

I completely agree with you that its absurd to think of filing divorce when RCR is already filed but it has been 3 years when I filed RCR (can it not be ground for divorce waiting for 3 years).

How seriously should I take maintenance case in family court  as I have read tactics like delaying it in family court to frustrate the opponent

 

Mahesh   03 July 2015

Not sure ,once a false 498A is filed against you, then there is no need to pay the maintainance. Only thing u need is to prove that the 498 A is a real false case filed in order to threatened u to stay forcefully with her along with her parents. And also once a false 498A is filed u can straight away go for a divorce. Check with your lawyer to take necessary steps at least now..good luck.

Mahesh   03 July 2015

Not sure ,once a false 498A is filed against you, then there is no need to pay the maintainance. Only thing u need is to prove that the 498 A is a real false case filed in order to threatened u to stay forcefully with her along with her parents. And also once a false 498A is filed u can straight away go for a divorce. Check with your lawyer to take necessary steps at least now..good luck.

Mahesh   03 July 2015

Not sure ,once a false 498A is filed against you, then there is no need to pay the maintainance. Only thing u need is to prove that the 498 A is a real false case filed in order to threatened u to stay forcefully with her along with her parents. And also once a false 498A is filed u can straight away go for a divorce. Check with your lawyer to take necessary steps at least now..good luck.

legal terrorism   18 July 2015

AB petition hearing going on in High court.....in previous hearing, judge was not ready to give bail as the co- accused which was my brother, got the bail earlier after going to jail and since, I have not gone to jail and have applied for AB, it's diffciult for me to get bail. It sounds absurd to me...Does anyone knows about such a rule in getting AB. 

After 2 hearing, judge has asked the girl to appear in the court in next hearing.As, I am not very hopeful of getting the AB, can anyone tell me the procedure filing AB pettion in supreme court. how much time does it take to get the hearing


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