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498a Advice (IT)     14 August 2015

My wife has put complaint in women cell

I got married in May,2014 and my wife was not adjusting in the family.Earlier she said that she doesn't wants to stay with parents,I was not agree for same.In the meantime,I got the job in Pune and stayed there with her in Pune from Mar to June 2015.These she was having the issues with me also.In june end,my wife went back to her parents home and now put Dowry case in Jaipur,not sure about DV case.My father got a call from Jaipur - women cell today morning to come and meet. My queries: 1. Not yet got anything in written.Shall we go n meet or wait for written information/notice? 2. Any chances of being arrested or will go after taking anticipatery bail? 3. Shall we take our advocate with us or not? 4. Shall we take anyone else from our family/relative or not? 5. Shall i put case under section 9 here? What is the benefit of this? Please advice.



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 18 Replies

Nitin (marketting manager)     15 August 2015

Try not to put any counter case, first go to station and find out what is the actual complaint,

if you have an advocate better take him along with you if you can,

the rule is that if you co operate with law,they will not arrest you, this is the provision our supreme court provided,

so find out what happened 

and try to discuss with her elders,try to involve her elders also into the discussion and see what comes out.do not file any case, thats the invite for DV,498A etc etc..ofcourse you can get anticipatory bail, but first find what is it all about.

Rgds,

Nitin

1 Like

SAINATH DEVALLA (LEGAL CONSULTANT)     15 August 2015

Better settle the matter without legal complicatiions.The reasons mentioned by U are actually small in nature and could have been settled without inviting the present situation.Ego's always ruin a marriage.Attend the meet along with a lawyer,nothing alarming will happen at this stage.But if U R adamant in UR approach when U go there,things may go out of hands,as women have an upper hand in DV cases than men.

498victim.x   15 August 2015

She made a complaint already. There can be arrest, if she is decided to go for divorce. There is no point of living with a woman who is ready to implicate her husband and his family in false cases. My opinion is, if a wife approaches police for simple domestic issues or make false dowry allegations, it would be better to be cautious. She would ruin your life sooner or later. 498a is not a simple case, ego is not an excuse for making false allegations on dowry and domestic violence. Honestly, you have left with only 2 options, get rid of your parents, brothers and sisters and be a slave to her and her family or fight a long legal battle with hefty penalty and divorce her. My advice may scare you, but it is the fact. "How dare you, to be in touch with your parents? ", it is a common question to husbands from wives in India. Good bless Indian husbands.

498a Advice (IT)     15 August 2015

My parents are going to meet them for first hearing in women cell as I am out of town.In this way,they can get an idea of the complaint and later I will go.

AAAAARRRRK (Others)     15 August 2015

I suggest, let your parents go there without any fear and carry a draft reply stating that you are out of station and seek a fresh date for meeting in the CAW Cell. By that time, you would have also known about the details of complaint. After that you must submit a written reply any time you visit the Cell and also mark your attendance. Don't have to worry if you are right. Lies will definitely be nailed. Relax friend.

 


(Guest)
Originally posted by : Divorce Advice
I got married in May,2014 and my wife was not adjusting in the family.Earlier she said that she doesn't wants to stay with parents,I was not agree for same.In the meantime,I got the job in Pune and stayed there with her in Pune from Mar to June 2015.These she was having the issues with me also.In june end,my wife went back to her parents home and now put Dowry case in Jaipur,not sure about DV case.My father got a call from Jaipur - women cell today morning to come and meet. My queries: 1. Not yet got anything in written.Shall we go n meet or wait for written information/notice? 2. Any chances of being arrested or will go after taking anticipatery bail? 3. Shall we take our advocate with us or not? 4. Shall we take anyone else from our family/relative or not? 5. Shall i put case under section 9 here? What is the benefit of this? Please advice.

Dekho poochke, pyaar se. ki kya iraada he uska, shaadi ki he, thoda soch ne ka na. shaadi todne ka he toh MCD dene bolo. Bas, case vase complaint false case karke kuch fayda nahi, now she might file false case, later she only go jail. 

 

I would suggest you better forget this good for nothing. to see if Rice is baked properly, one eat one grain of rice, not whole of it, so now u seen what kind of people these are, better go for MCD< today she went station, tmrw she go court, file some more case on you and your parents, then what will you ppl do? 

 

Its better to remove cancer in initial stage than to wait for it to subside.

498a Advice (IT)     15 August 2015

Gyan Prakash Ji,If they demand for the money then it can be a problem..as I am not in a position to pay.

SuperHero (Manager)     16 August 2015

@Divorce Advice - Bargain how much you can..like how people bargain in fish or vegetable market.

Tell you need time to get money and let us start the court proceedings for MCD.

MCD is the best option...

@Gyan Prakash Sir ... Just another thought of mine.. to see if Rice is baked properly or not.

we can check by eating one grain of rice.

But my question here is at what time we should check? 

Most of us including me will check after it is baked. By that time all the damage would have happened.(After marriage)

If it is initial stage such as(before marriage) everybody will happily thinking of future such as ....and every body shows the best of each other...

During Marital life..(middle stage) everybody says this are commone wear and tear of married life..everybody goes through in life....

May be a thorough background check and clearly setting there expectations or duties before marriage would be a good start...

 


(Guest)
Originally posted by : Divorce Advice
Gyan Prakash Ji,If they demand for the money then it can be a problem..as I am not in a position to pay.

Dear Friend,

 

Marriage is a costly affair, right from the wedding ceremony, the reception to getting house, building house, maternity expenses, children and their school, wife’s clothing expenses, travel and sightseeing expenses make marriage not only a costly affair but an unaffordable affair.  To top it, divorce makes a marriage a very very very costly affair.

 

If you stay together you need to take care of all expenses for life time.

 

If you decide to part ways, then you need to pay wife 1 shot alimony, uske baad no need to pay for life time.  So paper pen lo aud hisaab lagao, what is the expenses of wife if she stay + house expenses + kids expenses + medical expenses and calculate average life time per month alimony, if that figure exceeds the figure that she is asking, then its better not to take MCD and to fight case and get divorce.

 

For eg: She asking 1 crore and if she stays with you life time if expenses and headache she gives exceed 2 crores then its better to bargain for 50 lacs, pay her and get rid of her. {your pocket how deep uske oopar depends}.  So pay her and get rid of her or fight case for 7-8 years and get divorce without paying 1 shot alimony.


(Guest)
Originally posted by : SuperHero
@Divorce Advice - Bargain how much you can..like how people bargain in fish or vegetable market.

Tell you need time to get money and let us start the court proceedings for MCD.

MCD is the best option...

@Gyan Prakash Sir ... Just another thought of mine.. to see if Rice is baked properly or not.

we can check by eating one grain of rice.

But my question here is at what time we should check? 

Most of us including me will check after it is baked. By that time all the damage would have happened.(After marriage)

If it is initial stage such as(before marriage) everybody will happily thinking of future such as ....and every body shows the best of each other...

During Marital life..(middle stage) everybody says this are commone wear and tear of married life..everybody goes through in life....

May be a thorough background check and clearly setting there expectations or duties before marriage would be a good start...

 

Here in this context rice is baked or not one can see by tasting one grain of rice, in the above case, she has already gone to police station, then the grain is not a good grain of rice, today she went PS, tomorrow she will go to Court, go to Mahila organizations, go to TV channel (what is the guarantee that she wont?)  So it is best to leave such troublesome wife than to wait for her to change for the good.

 

I know that you are worried in selecting life partner once again.  This worry will be there for each and every man who has gotten divorced.  Life cannot be lived alone my friend.  Each one needs a partner.

 

But how to find the right one? Read ahead.

 

1.  Courting is very essential but do not have s*x and create more problems for yourself.  Try to get to know each other’s negative points as well as positive points.  If you don’t like some thing about your partner, you have to form certain rules for each other, not to blindly accept each others negative points and think as to how it may affect the relationship in the long run.

2.  Compromise and understanding is very important.  But compromise and understand to what extent? Not to extremes.

3.  Do not accept or give dowry in any form at all, which will make you very cheap.

4.  Give respect and take respect.  To what extent?  Never to extremes.

5.  Never expect too much out of each other.  How much?  Never to extremes.

6.  Don’t complain too much.  How much?  Never to extremes.

7.  Give freedom.  How much?  Never to extremes.

8.  Control.  How much?  Never to extremes.

9.  Space.  How much?  Never to extremes.

10.  Equality.  How much?  Never to extremes.

11.  Love, affection, caring.  How much?  Never to extremes.

12.  Distance.  How much?  Never to extremes.

 

Now what is the limit of extremes?  That one has to decide upon one’s own ability to take back such things such as love and affection etc.  Jitna le sakte hain utna hi dena.

Do a proper through check about the family values of the partner you are looking in.  Remember your partner will be chip of the old block, so you have to see what kind of family you are shaking hands with.

 

These are the few things one can do before marrying.

 

All in all there is no perfect formula for finding right partner or leading happy marital life, it all depends on how much you can give in and how much you can take back. I beleive that, if one gives 100% into any relationship then relationship will last longer!.

 

But if marriage fails even after all such precautions are taken, then it can only be attributed to your fate and none else.  But you cannot simply sit idle and blame it all on fate, you have to take some action and only then can blame it on fate etc.

 

Pray God to help you around this time at least.  Above all, be hopeful that you will get a right partner.

 

“A successful marriage requires falling in love many times, always with the same person”

[all advices be followed at own risk, eitherways nothing is written to create harm of any kind to any person]

SuperHero (Manager)     17 August 2015

Prakash Sir - Thanks for your detailed reply.

498a Advice (IT)     17 August 2015

Thank you Gyan Prakash Sir

ANAMIKA VICHARE (LAWYER)     18 August 2015

pl do notcommit mistakeo f filing under s.9, when sheis claiming cruelty in dv n lodged 498a, why you wnt to file s.9. instead file divorce case cruelty ground....if you arein Mumbai, you file anticipatorybail in Sessions,  you my get transit bail, then take your lawyern file nticipatory in Jaipur...but tou do file divorce case, it wil be diffcult for her to attend, but if sheis financially well off, she might file fortransfer of yourdivorce petitio in Supreme cout, act as per the devlpmnts take place and seek continuos advice from forum

 

498a Advice (IT)     21 August 2015

Went for the meeting yesterday and wife is not ready to come back but they are expecting the money from us for marriage expenses..not yet said this is to us but put it in the complaint about expenses of marriage.

FIR is also registered.

1) Shall i go for section 9 case? Any benefits for section 9 case now? It will help in filling divorce under section 13?

2) Shall i take regular bail from Jaipur as FIR is already registered?

Please advice.


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