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Ajay (engg)     30 December 2009

Need help to protect against any legal case

Hi,

I recently got married one month ago and after 3rd pr 4th day I wife disclosed about her ex boy friend and told me i can not adjust with you so i want to go back to him.I asked then why you got marry to me she said that was one mistake now i dont want to do other mistakes in life.I said ok then what do you want she asked me to file divorce case.

I informed thier paresnts about the same initially they were supporting me .Now i think they made up thier mind and dont want to send girl back to my house and blaming me like ur family did this and that also i am geting blamed for nothing .

I am leaving for US within a month for next multiple years.

I want to know can they file any legal case against me ? like dowry harresment something like that to protect girl and what i can do for my safety?

Incase i leave for US and she doesnt come along with me what will be the situation for divorce.

Please suggest me what i am suppose to do .

 

 

 

 

 

 

 



Learning

 17 Replies


(Guest)

Dear Ajay,

Whatever evidence you have about her ex-boy friend's details and her departure to her parents house for evidence.

 

Don't call or send any SMS or write to her.

 

Without any hesitation you can go US.

 

The only weapon these days is 498A.  Misusing by huge percentage of married women for their paersonal gains. Once you keep all evidences with you you need not worry.

 

 

1 Like

Ajay (engg)     30 December 2009

Sir,

I dont have much evidence as i never thought this wil happen to me.I do have her ex-boy's telephone number and few pics uploaded on internet thts it.

I was still ready to except her if she come by her own but not forefully but incase i leave alone for US this time ,what action they can take I need to protect my family as well.

 

 


(Guest)
An evil minded woman may come any form. You need not worry. Before living US it is better to conatct a well known lawyer to you to look after your parents in legal matter, if any problem create by you wife.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     30 December 2009

 NOW A DAYS THE USAGE OF 498A BECOME FASHION, PLS MEET ONE FAMILY COUNCELLOR/ADVOCATE AND NEGOTIATE THINGS ALONG WITH ELDER PERSONS OF BOTH SIDES. GET ONE CONCRETE SOLUTION LIKE MUTUAL DIVORCE ETC., DONOT LEAVE PROBLEM LIKE WISE AND TRAVEL TO OUT SIDE. THERE ARE 100 OF CASES WITH INTERPOL/ PASSPORT IMPOUND/ RED CORNER  NOTICES ETC.,

BECAREFUL, PEACE&FUTURE IS IMPORTANT.

rajkumar.vnm.marupeddi (advocate)     31 December 2009

Dear Mr.Ajay,

So far as legal matters are concerned, oral testimonies or accusations are not sufficient to prove the case. If you say you did not harrass her, she says you did. Comparitively,  In India, husbanda are on the verge of disadvantageous postition.  If she lodges a complaint under S.498A, most likely,  the same will be registered against you, You can not prove your case  or to disprove your wife's case at the initial stage of F.I.R. However, if you feel that there is no mistake on your part, I  advise you to initiate appropriate legal proceedings against your wife before   she begins her legal action. As per Hindu Marriage Act, one can not apply for divorce within the one year from the date of marriage. I further advise to pusuade her or elders' mediation for reconciliatinon.


Ajay (engg)     31 December 2009

Hi,

Thanks for your reply . Can you please also let me know what legal actions i can take against her? will that create any issue on my job ?

 

Ajay

 

Anil Agrawal (Retired)     01 January 2010

 File a police complaint against her and her parents. Tell the whole story. In all probability 498A will be slapped by her on you. Your complaint will help you then.

498A is a weapon of terror in their hands. Thanks to Congress Government that does not think twice what it is doing. Shah Banoo case, DV Act, SC/ST Act are all such examples.

subhash kumar (advocate)     02 January 2010

dear,

my dear friend rajkumar, adv given the good advice, i agree with him.

subhash kumar, adv

Anil Agrawal (Retired)     02 January 2010

 Mediation and 498A don't go together. Reconciliation in these circumstances is out of question.

Rajadiraja (Advocate/consultant )     03 January 2010

Ajay,  as Mr.Anil suggested, first file a complaint with the police authorities and let an investigation be done.  Do not initiate any divorce case now.  I would also suggest you lodge a complaint with Human rights commission.  These would help you face any action initiated by the woman.  Your job will get affected if she makes any criminal complaint against you under any of the draconian laws now existing to bury men. 


Mihir Kanti Majumdar (Professional)     21 January 2010

Ajay, at this stage your matter is not matured enough for divorce. However I can suggest u to file a matromonial case for restitution of conjugal rights stating all unfortunate facts making both of u detached and after her appearence and seeing nature of defence u can leave for U.S.A. and then u can get a proper shield for next to proceed either for recociliation or for dovorce and also to defend u in 498A.

Anil Agrawal (Retired)     21 January 2010

 More important is to get rid of 498A. Divorce comes later.

Mihir Kanti Majumdar (Professional)     21 January 2010

no legal machinery to prevent a citizen from filing case like 498A, but best way to create a  good defense at hand for appropriate use.

Anil Agrawal (Retired)     21 January 2010

 Is there is empirical data to suggest that 498A cases have made a quantum jump by women who are economically independent, are professionally qualified, have extra marital affairs, want to get rid off in-laws to the exclusion of her husband, highly paid in MNCs, do not know cooking and housekeeping, love partying and outdoor life, husband is no more than a friend etc. etc.



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