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S.B _Kolkata (Service)     17 October 2010

What are the steps to be taken immediately?

My wife is staying at her parent's house since the day of discharge from the hospital after give birth of my daughter. It is more than one year. Earlier stage I was visited their place in a normal course. But when I understood that she is so reluctant to come back my house and trying me to get separate from my old poor parents, stop to go there.


Every month I am sending her money henceforth no telephonic conversation is made with her or her parents. She belongs in a women dominated culture and regulatd by her Mother mainly.


Also I have sent 04 nos letter with AD to get her back. But instead of rejoin she has started to send me false fabricated SMS consist of  Dowry harrasment, Suicidal threats etc.


So I have decided to make a GD to our local police station stating the all facts as an advance declaration from my side is it effective to prove my innocence ? Appert from that  what are the effective steps should I take immediately to save my old poor parents first from the initial harrasment they are intended to do  and finally to prove her that she has left our house at her ow wish and trying to get rid of this marriage by taking a chunk of money. 


 23 Replies

Adv Archana Deshmukh (Practicing Advocate)     17 October 2010

File a complaint with the police about the threats given by your wife to you and your parents about implicating falsely in dowry harrassment cases and suicide.


u shud all go lock stock and barrel and start living with ur inlaws. Don't worry and chicken curry at in laws house.


i she is a bengali, then fish curry.

S.B _Kolkata (Service)     18 October 2010

Please help me..

chanakyam (Consultant)     18 October 2010

As you said, 1) your sending money to her 2) sent letters to her for joining matrimonial life, 3) threat messages from her.

All these are solid evindences for you to defend yourself ,if she files any false cases. Keep those evidences ready to face the battle, if she opens the war.

If you have any evidence of threating in anyway, you can also file a complaint before the police and take an acknoldge from them.

Dont worry, as long as you are honest, nothing can beat you.  But becareful with the opposite party if they are crooked fellows..

S.B _Kolkata (Service)     18 October 2010

Chanakyam sir,


Thanks for your valued reply. I have already made a letter, yet to be submitted to our local police station. But getting fear that based on the letter police will react and provoke her in various ways and means which will effect me adversly. So what should I do? please advise.

Divya (nil)     18 October 2010

We had suffered the same issue (infact  more worse than this)....tHese letters will be a great proof to you even if she implicates you in any false case...Normally the police does not immediately take action against these letters.....You can get a safe side by stating in the letters that you are "anticipating things".....

Also if things really seem to move in that direction start collecting all sorts of proofs beforehand & also apply for a 72 Hour arrest notice coz this can save you & ur parents from any kind of arrest later specific in terems of dowry harassment.

Hope I have been able to clarify things from my end.

chanakyam (Consultant)     18 October 2010

Whether police provoke or does not provoke, its immaterial.  If you are sure for expecting a false case, then go ahead in advance and file your complaint based on that facts.  Thats what you can do for now to be on safer side.  If the opposite party apporaches first, then things will become little tough to defend yourself.


If you want to take steps, then follow Steve Martin:

I like a woman with a head on her shoulders. I hate necks.

Steve Martin (1945 - )


Oh no! Who told you to complain to police? Now, your wife will have all policewomen on her side. Better take anticipatory bail.

S.B _Kolkata (Service)     19 October 2010

"apply for a 72 Hour arrest notice"


Divvya Sir, wll please explain the said application, how to get it? Where are to be apply? what are the proof /evidence are to be gathered to obtain the same?




Divya (nil)     20 October 2010

Court does not give you anticpitaroy bail unless case has happened from ur wife's side.

You need to submit an application in local court that you are fearing a false 498A from your wife's side.....Alongwith that you need to submit some proofs which shows that you are innocent...

if the court gives you a go ahead for 72 hr arrest notice, then if ur wife does a 498A then police gives u 72 hrs or 3 days time period. they cannot arrest u in that time period. in those 3 days u have to file an aniticopatorybail/permanent bail to save urself from 498A.... If u do not get bail then u can get arrested...Also if local court rejects ur bail application, then one has to try in high court for securing bail.....


You depose before the police that you were very cruel to your wife and even planned to murder her. Then move the High Court under Article 20(3) of the Constituion which means that nobody can depose against himself[Self incrimination]. Tell the High Court that your wife bribed the cops who made you depose in the Police Station at gun point. That'll get the cops and wife very busy and 498a will fixzzle out and probaly if an FIR is lodged later it'll be quashed. A complaint to the police is not F.I.R. The cops will first make a diary entry and register the Complaint in the REGISTER OF FIRST INFORMATION REPORTS ONLY AFTER INVESIGATION.

S.B _Kolkata (Service)     20 October 2010



I have not got your aadvise properly. Please explain the same.

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