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S.B _Kolkata (Service)     16 March 2011

Please read this case and advise me

We married in May, 08, stayed together but separated from my house up to June, 09. After onward, she gave birth of our child in 29th august, 09 and staying with her parents. She was convicted by session court accused for a looting case (gang robbery) in Kolkata in 2003, spent 6.5 years behind the bar (before marriage) and released in 2006. Her father is well connected with the lawyers as well as political personals. We do have a joint account having locker facility, ATM card, cheque book and key of the locker are with them. Before marriage her father has got the sign from me and his daughter in a court paper (undersigned by me & my wife) stating that “knowingly we decided to marriage each other and have no grievance on them” so and so….. Actually he never gave me a copy of the same. Earlier she was admitted an asylum (mental hospital) as she stated before marriage,


I am trying hard to find out the institute. After releasing from jail she has changed her name. Every month I am sending her Apprx. 5500/- to 6000/- Rupees for the maintenance of her and my daughter, but she demanded at least 10,000/- pm which is not affordable for me. Since last 1.8 years she is staying at her parents house with my kid and so reluctant to be rejoin with us. She used to send me assorted sms comprising of threatning, false fabricated story and asking me to send her the Birth certificate of my baby immediately.


Measures I have taken:

1. Every month I am sending her money through NEFT (net Banking) and keeping the receipt.

2. Already I sent her 03 nos letters with AD asking her to come back and join with us.

3. I have kept all the soft copy as well as print copy of her fabricated sms.

4. Some telecon had been recorded.

5. Written a letter to Local police stating all her behavior but yet to be send.

6. Staying with my old parents to give them mental support, informed them in detail about the consequence of filing false 498a/DV/406 case by my wife to get them prepared mentally.

7. Already discussed the matter with some good friend to be aware them for the upcoming case.



Under this situation what are the step to be taken by me to fight against the anticipated false 498a case and to save my old poor parents from the harrasement. Please advise me. Thanks S.B......


 9 Replies

adv. rajeev ( rajoo ) (practicing advocate)     17 March 2011

If she files 498A case then you will have to apply for the anticipatory bail to avoid the arrest from the police.  You also be strong mind to face the problems.

Koushik Bhatta (Advocate)     17 March 2011

If you want to get back your wife along with your kid then file a case for restitution of conjugal rights.

If you want only to get back your kid file a case for custody of your kid.

If you want to get seperated from your wife then file a divorce case and pray for custody of your kid stating her conviction.

Stop paying monthly allowences. It indirectly holds that you also want that your wife should stay at her parents place.

repeatedly write letters to wife for coming back to you along with kid.

All the forgoing steps shall save you and your parents from any action u/s 498A, which may be taken by your wife.


Koushik Bhatta, Advocate 9051312721/9433196581

1 Like


Dear S.B

Your side is strong.

You have lot of proof to queshed the FIR of 498 IPC before High Court. after it you may go for proceeding stay.

Your parents may get relief from court if they are very old.

File the application before District family Counsling cell. application file through suprindent of police.

advice personally to a criminal lawyer. don't worry truth never defeats.

S.B _Kolkata (Service)     17 March 2011

Thanks to all of advisor. A few queries are also to be clear from you.


1. What are the evidence to be gathered to prove her cruelty if I file divorce first on this ground?

2. If I file divorce first and consequently if she file false 498a/DV etc then how to defend our self and to protect my old poor parents, please advise.





S.B _Kolkata (Service)     21 March 2011

Please advise me..

Narinder (Advocate)     23 March 2011


S.B _Kolkata (Service)     28 March 2011

Thanks. If I file RCR to gt expaty divoce, will it b possible?

S.B _Kolkata (Service)     04 April 2011

Please advice me...

S.B _Kolkata (Service)     09 April 2011


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