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Harrassed by Wife (Manger)     17 January 2014

Saving elderly mother from arrest 498a

I got married against parents wishes on 1.8.2013. Simple court marriage performed undep SMA in Delhi(both husband & wife are hindus) My father was dead against marrying the girl, and suffered heart attack when I made clear intentions of marrying the girl. He also disowned me, and got a notice printed in National Newspaper to that effect. No one of my family members was present in the wedding.

My father expired very next day of my marriage. My wife & I lived separately from my parental home from day 1 i.e 1.8.2013. However during daytime, we visited my parental home at Delhi for last rites of my father on 2.8.13, 3.8.13, 10.8.13 & 14.8.13.

 

We never slept there.(in parental home at Delhi), and always lived at Faridabad.

My wife has now been diagnosed with severe sociopathic disorder by Govt Hospital in Faridabad, and she has tried to commit suicide 3-4 times, and has issues with her father s*xually abusing her and all....

Now her parents have taken her back against my will & threatening to put my whole family (especially my greiving elderly mother in Jail) under false cases of 498A & Dowry cases.....

 

I want to know foolproof way that I can save my greiving and very old mother from police arrest. Please any help can be beneficial.

Please also let me know if I commit suicide, can the girl & her parents trouble my mother even after that also ?



Learning

 11 Replies

Adv Archana Deshmukh (Practicing Advocate)     17 January 2014

Who will take care of your mother if you commit suicide? Try to think maturely and sensibly. Try to talk to your wife and in laws thru some friends / relatives to know what your wife wants. There is no point in thinking so negatively.  If your wife is having some medical problems,  you can talk to your in laws thru some relatives and do some treatment. If you want to bring her back,  you can file a petition for restitution of conjugal rights in the court.

Q Slinger (NA)     17 January 2014

First thing, you committing suicide is not the solution at all. Infact, it will have a far worse impact on your mother and family than any 498a case. You committing suicide will be more of an injustice to your family than any case filed by your wife. And NO...you committing suicide will not stop your wife's family from filing 498a on your family members. 


You really cannot stop your in-laws from filing a 498a on your family or you if they want to. However, one of the ways to avoid arrest is to either get them to move to a place unknown to your in-laws or file for anticipatory bail (blanket bail) for all your family members in sessions court for 498a. 

 

Preemptive steps you can take are to approach the local police station of the area where the girls live and tell them the situation. Once this is done, the cops might speak in your favour or at least not include your family members names in the FIR. As Adv Archana mentioned, do approach the in-laws relatives to see if you can come to an amicable solution.

 

Last, join a local chapter of Save Indian Family (SIF) in your area. This will be of immense moral and legal help. They have been the greatest help to me in my troubled times.

https://savefamily.org/index.php?Itemid=65&option=com_content

 

Best of luck and stay strong. There is always a way out.

 

dv (ghvhb)     18 January 2014

Very nice ! You did what you wanted now you want to leave your mother to these animals. You call yourself a man That's why you wife is doing this she knows you have no spine and by saying this you prove that. Don't take offence , get up and use your common sense . Fight it out. All the respected members will guide you provided you take the bull by the horn. Now is the time to bring respect to your dads name by being a son of the family. All the best brother .

Kapil Chandna (Lawyer at Supreme Court of India)     18 January 2014

Dear,

If that being the current state of affairs, then your mother will positively get an anticipatory bail and she would later be discharged in challan, what I personally believe. Need not to worry and get tense 498A has become the flavour of the season and even the judges know the true picture these days, well. Better get a local counsel and see what happens.

 

Advocate Kapil Chandna

9911218741 

Q Slinger (NA)     18 January 2014

@dv: Please don't kick someone when they are already down! Its will just take a bigger toll on their already troubled mind. 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     18 January 2014

Dear Querist

think positive and don't think about commit suecide, your mother should send the information cum complaint regarding the apprehension to NHRC, NCW, Commissioner of Delhi Police & Faridabad.

N.K.Assumi (Advocate)     18 January 2014

Adv Archana and Q Slinger have given a good responds to the query. Thanks.

Harrassed by Wife (Manger)     18 January 2014

Thanks all for your support, each one of you has saved me today !!!!

 

Thanks a lot

 

I will not go down without a fight

Sudhir Kumar, Advocate (Advocate)     03 October 2014

you said

 

"Please also let me know if I commit suicide, can the girl & her parents trouble my mother even after that also ?"

 

Ans : Yes. More effectively and more easily.  Plus your wife can file another case against her for having abetted suicide of her husband.

1 Like

Sudhir Kumar, Advocate (Advocate)     03 October 2014

suicide will not solve the problem rather create many one for your family.

Rajiv kumar (abc)     04 October 2014

Dear " Harrassed by Wife" let us know what happen to you, its 8 month now. Are you still alive and even if you died , no body least bothered for such coward steps in life. 

Anyway, I am sure if you had fight back, you would be in better situation. 


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