(Guest)

Suggestion needed on 498a complaint and divorce

My wife gave complaint in CAW cell 2months back against me and my family members. we avoided police counseling and interrogation. Over the phone, we negotiated with my-inalws and police and told them that we will amicably settle the differences. Later I bought time and in these 2months I have sent her registered letters asking for reconciliation and she replied with a letter full of baseless allegations. I am convinced that this marriage wont stand and am willing to get separated with her. Its only 10 months of our marriage and she is an evil. Now 1. If I file divorce, and then they file an 498a FIR. will that be considered as a counter blast? 2. what should be my future course of action?

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2 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 21 December 2012

1. You are basing your case on assumptions and piecemeal efforts.

2. You should attend CAW cell mediation and try to settle the matter there.

3. You should obtain Notice Bail/ apply for anticipatory bail.

4. Filing of Divorce at this juncture and saying 498a is a counterblast is not going to work, as she had reached CAW cell prior to your filing of Divorce.

5. Filing of Divorce has to be well-thought decision, based on facts of the case and what proofs you have to prove your case.

Regards,

Shonee Kapoor

www.facebook.com/shoneekapoor
Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com

Yahoogroups: https://groups.yahoo.com/group/sahodar

(Guest)

Dear Shonee,

My FIL is a police officer and he threatens every five minutes about filing FIR againist us. My wife is an immature b*tch and because of her temperement my whole family is undergoing mental trauma. There is no reconcilation possible here. She threatens me with suicide, abuses my parents,siblings and everyone including me. She even abuses her mother and brother. I cannot stand her for 5mins.

She demands money money money...in the form of dowry but she doesnt want my parents to stay with me. she is a trouble. She cooked food with 60-70 worms and let my mother eat it. I lost my temper and gave her two. They made mess about this matter within our relatives, friends and collegues.

Then she left to her parents home about 4months ago. They came to my native to talk and ended up having a fist fight with us. We gave a written complaint againist them in the nearest police station. Later after two days they gave a complaint aganist us in CAW.

Over the period I started recording her telephone calls. Around 100calls I have as a proof of her mischeif. Yes I dont know whether thats of any help in the legal terms but living each day in the fear of getting arrested and slavery is hell to deal. She made false accusisions that my dad tried to rape her, mom tried to kill her using pillow and I have demanded dowry. you can understand her mental state. These are totally false and baseless. She just cooked up stories and she doesnt have any guilt or empathy.

Living with an abusive wife is hell and I have experienced it. I can stay as a divorcee for the rest of my life but I dont have any right to spoil my parents, sister and brother's life.

She is an evil.period.