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divorce


SIR,I GOT MARRIED ON 3RD OF DECEMBER 2007,AND FROM THE DAY ONE MY WIFE STARTED ABUSING ME OF HAVING PHYSICAL RELATIONSHIP WITH MY ELDER BROTHERS WIFE.AFTER FEW MONTHS ON 18TH OF MAY HER PARENTS CAME TO MY HOUSE AND TOOK HER AWAY WITH ALL HER BELONGINGS.NOW I DONT WANT TO BRING HER BACK AND WANT TO HAVE DIVORCE WITH MUTUAL CONSENT,BUT HER FATHER WHO IS A INSPECTOR,KEEPS THREATENING US OF GETTING ARRESTED U/S498A.MY PARENTS ARE SO AFRAID THAT THEY HAVE LEFT THE HOME.NOW NEITHER HE IS LODGING AN FIR NOR HE IS AGREEING FOR DIVORCE INSTEAD HE IS MAKING GOONDAS TO THREATEN US.

KINDLY LET ME KNOW IMM THAT WHAT CAN BE DONE TO AVOID ARREST OF MY PARENTS WHO ARE SENIOR CITIZENS.AS ANTICIPATORY BAIL IS NOTE ALLOWED IN MY STATE OF U.P.AND WHAT ACTIONS CAN I TAKE?

THANKS

 
Reply   
 

first to escape the 498A proceedings against you and your parents, file case for divirse against your wife


second convince your wife and in-laws for a compromise/settlement

 
Reply   
 


lawyer

 


498-A is a silent killer.i dont know why this section added in our ipc.it s a dangerous weapon in the women hand.........................................


>>>There have been cases where 498aed families filed a case under DP Act against the wife and her family and arrest warrants were also issued to the "dowry-givers".



If everyone who is facing false dowry charges sues the so-called "dowry-givers" under DP(DOWRY PROHIBTION) Act, it will make a lot of difference to the fight against 498a.

 
Reply   
 
advocate/legal consultant

yes, it will be the initial harassment at the hands of the police,once you get a bail then nothing can happen.to the best of my knowledge only in 5 cases out of 100 are convicted.


so dont worry,and now a days the courts are granting anticipatory bails in 498-A cases , to the parents of thhe accused.consult a lawwyer at your place and he will do the rest.

 
Reply   
 
Advocate

Using full CAPS...., it is more difficult to read as well as to understand the matter quickly.

Yes, you are right that anticipatory bail is not allowed in U.P. but if any FIR occurs, you may approach to High Court for quashing of FIR and meanwhile stay of arresting.

You can't file divorce before completion of one year from marriage.

 
Reply   
 
ADVOCATE- HIGH COURT

SIR, YOU CAN FILE IMMEDIATELY DIVORCE PETITION.

 
Reply   
 
lawyer

you may file divorce case after 3rd december 2008


but prior to tht either try to convince ur wife or if she files 498A case then go for anticipatory bail before the session court.


now a days courts are vwry liberal in granting Anticipatory bail to the accuseds other than the husband. n once bail is granted, the danger is over.


 

 
Reply   
 
Advocate

If you file a divorce petiton
immediately you wife will initiate proceedings under 498A IPC. you
better file a petition for restitution of conjugal rights so as to
proveyour bonafides. You can even approach Legal Service Authority for counselling and mediation.

 
Reply   
 
Advocate

the problem here is that Arun does not want to bring his wife back,


one year has also not elapsed of mariage


since no case has been lodged so there is no question of any Anticipatory bail even it was maintainable in U.P


every thing depends on what his wife wants otherwise a complaint of threatening can be made to higher police officials


if case is lodged the parents can go in for quashing in which stay is granted in normal course in UP

 
Reply   
 

u can,t file divorce petition because u have not completed one year of ur marriage but there is sec.14 of hma that u can file divorce petetion under great hardship with the permission of the session judge so u can do so

 
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