Wife is not staying with husband for a period of 2 years.

Thanks you all for your valuable inputs.Could some one please guide what is the next step for me after filing Sec 9 ( if my spouse will receive or not receive the notice) .In both the consequences what would be my course of action ..Please also let me know whether she can file a false 498 A post my sce 9 filing or not..if yes how court will treat this matter because its crystal clear that after 2 years if some is filing a case that to after section  9  filing , it  is completly false and leading to  misguide court and misusing  law...

please advice...

Joseph sir

many Thanks for your valuable suggestion.. appreciate it.

.let me correct you that she stayed with me for 2 months in abroad..she came back to india due to preplanned story played by her father ...her grandfather was in last stage hence had to return india .. ..which was a false news...she never returned to my home from abroad ..since then we tried many times to nbring her back but never appeared before my parents..it seems she is not staying at her parents place..

if i will send a notice then incase she cant receive what is the possibility that i can go for paper publication and what is the chance that she will file false 498 A case..if she will file a 498 a case then what would be the scenario...i dont think court will accept her 498A..i have heard from some advocate that filing scetion 9 is a grat weapon against false 498A..please advice..

DEAR MR. ABHIJIT KUMAR 

                                               I TOLD YOU ONLY ABOUT THIS . EVEN IT IS PRE PLANNED , SHE WILL NOT ADMIT THAT IN A COURT OF LAW . SHE WILL ALSO NOT ADMIT THE REASON WHAT SHE TOLD YOU ABROAD WHILE HER RETURN TO INDIA BECAUSE YOU MAY PROVE THAT IF YOU HAVE SUFFICIENT EVIDENCE . SHE WILL SAY THAT SHE DID NOT LIKE THE CULTURE IN THAT COUNTRY AND SO SHE HAD NO OTHER GO BUT TO RETURN TO INDIA . YOU MAY FIND IN THE INTERNET IF YOU GO TO SIGN IN YOUR YAHOO ACCOUNT . IN MEXICO MEN AND WOMEN ARE TRAVELLING IN TRAINS WITH THEIR UNDER GARMENTS . ACTUALLY THE CAPTION WAS " MEN TRAVELLING WITHOUT PANTS " . THAT IS WHY I CLICKED THAT NEWS . BUT I DID NOT THINK THAT SUCH A MATTER WILL BE THERE IN FOREIGN COUNTRIES . BUT THERE WILL BE MANY GOOD ONES LIKE PLANE LANDING IN A RIVER , A HELICOPTER CRASHING DOWN , THE SPAIN TRAIN DERAILMENT , A EARTH MOVER DRIVER CRUSHING HIS BOSS CAR ALL LIVE  AND EVERYTHING A 2 MINUTE ONE .

               THERE ARE SO MANY DETECTIVE AGENCIES IN INDIA . DON'T FIND THE ONE FROM THE INTERNET . YOU FIND OUT A RELIABLE ONE FROM YOUR WELL WISHERS . THEY WILL PROVIDE YOU THE COMPLETE WHEREABOUTS , HER CONDUCT AND CHARACTER , WHERE SHE IS WORKING AND EVERYTHING WITH PROOF . BUT THEY WILL CHARGE YOU MORE FOR FAMILY MATTERS . THEN IF THE EVIDENCE IS SUFFICIENT , YOU CAN SEND YOUR ADVOCATE OR SOMEBODY ELSE TO HER TO SPEAK TO HER AND MAKE HER TO AGREE FOR ALTERNATE DISPUTE REDRESSEL MECHANISM ( ADR ) .SHE WILL ALSO ENGAGE A ADVOCATE TO SPEAK TO YOU . LET BOTH THE ADVOCATES ADVICE HER TO AGREE FOR ADR . THIS IS THE BEST METHOD OF SEPARATION . IF YOU GO TO COURT YOU WILL LOSE YOUR PEACE OF MIND . BUT BEFORE THAT YOU MAKE YOUR SAFE GUARDS AGAINST FALSE 498 A . IN THAT JUDGEMENT IT IS VERY CLEARLY STATED THAT THERE MUST BE A SERIES OF SUCH ACTS OF CRUELTY OF HUSBAND OR IN LAWS AGAINST YOUR WIFE . ALSO IT IS STATED THAT LONG TIME MATTERS SHOULD NOT BE BROUGHT IN . IF YOU CAN GATHER EVIDENCE FOR THE FACT THAT SHE IS NOT AT ALL RESIDING WITH YOU FOR 2 YEARS , THEN IF SHE FILES A FALSE 489 A ON YOU , THEN YOU CAN GO IN FOR A  QUASH . BUT DON'T SHOW YOUR EVIDENCE BEFORE THE INVESTIGATION OFFICER . TODAY I READ ABOUT A CASE IN THE NEWS PAPERS . IT IS STATED THAT FOR NON COGNIZABLE OFFENCES , THE INVESTIGATION OFFICER SHOULD RECEIVE THE COMPLAINT , ISSUE A RECEIPT , ENTER IT IN REGISTER AND THEN SEND IT TO THE MAGISTRATE CONCERNED FOR ORDERS . IF THE MAGISTRATE ORDERS FOR INVESTIGATION , ONLY THEN THE INVESTIGATION OFFICER SHOULD CONDUCT AN ENQUIRY AND SUBMIT THE REPORT TO THE MAGISTRATE AGAIN . ONLY IF THE MAGISTRATES ACCEPTS THAT REPORT AND ISSUES WARRANT AND THAT TOO NON BAILABLE WARRANT THE POLICE CAN ARREST THE PERSON AND PRODUCE HIM BEFORE THE MAGISTRATE WITHIN 24 HOURS . IF BAILABLE WARRANT IS ISSUED THEN THEY CAN CONDUCT THE INVESTIGATION BUT THEY CANNOT DETAIN YOU IN THE STATION . FURTHER IT IS STATED THAT , THE POLICE OFFICERS DON'T KNOW WHETHER THEY ARE HAVING SUCH A REGISTER . EVEN WITHOUT REGISTERING THE COMPLAINT , THEY ARE HARASSING THE PERSON . THESE ARE ALL TIPS ABOUT THE PROCEDURE TO BE DONE BY THE POLICE OFFICERS IF THEY RECEIVE A 498 A COMPLAINT FROM YOUR WIFE . - JOSEPH WILFRED - 20/01/2014 AT 19.32 HRS     

DEAR MR. ABHIJIT KUMAR 

                                               DON'T SEND A NOTICE AND ALL AND "ALERT " HER NOW ITSELF . THAT PAPER PUBLICATION IS THE ORDER THAT WILL BE ISSUED BY THE COURT IF A PERSON WHOSE RESIDENCE ADDRESS YOU HAVE MENTIONED IN YOUR PETITION IS CORRECT AND IF HE / SHE DOES NOT RECEIVE THE COURT SUMMONS ON MANY OCCASIONS .IF THE COURT SUMMONS IS RETURNED BACK WITH AN ENDORSEMENT " LEFT " ,THEN THE COURT WILL ASK YOU TO PROVIDE THE CORRECT ADDRESS . IN FAMILY MATTERS COURTS WILL NOT GIVE ORDERS FOR PAPER PUBLICATION . SHE CAN RECEIVE THE SUMMONS AND THROUGH HER ADVOCATE FILE THE VAKALAT . SHE NEED NOT APPEAR AT ALL . I HAD EXPERIENCE OF CONDUCTING A FAMILY CASE IN A COURT 600 KMS FROM THE PLACE WHERE THE WIFE IS RESIDING WITH HER SON IN 1992 .WE WILL PREPARE THE COUNTER FROM HERE AND FILE IT THROUGH A ADVOCATE IN THAT DISTRICT COURT . HER HUSBAND HAD FILED THE PETITION FOR DIVORCE ON THE GROUND THAT THEY ARE LIVING SEPARATELY FOR MORE THAN 2 YEARS AND FOR ADULTERY . BUT I KNOW THAT LADY AND HER PARENTS PERSONALLY . SHE WAS WORKING IN A BANK . ONLY HER HUSBAND DESERTED HER IN 1985 AND CAME BACK IN 1992 FOR SOME MONTHS TO TAKE BACK THE CHAIN HE HAD PUT HER DURING THE WEDDING AND THE TV HE PURCHASED LIKE THAT . SHE IS ALREADY LIVING WITH HIS ELDER BROTHER'S WIFE'S RELATIVE WHO ALSO DIVORCED HER HUSBAND AND CAME TO LIVE WITH HIM . WE POINTED OUT ONLY THIS MATTER AND REFUSED TO GIVE THE SON TO HIM . WE ALSO DEMANDED NOTHING IN THE COURT EXCEPT FOR EDUCATING HIS SON . ALL IN THE COUNTER ONLY . ONLY ONCE SHE WENT THERE AND THAT TOO FOR NEGOTIATION AS PER THE ORDERS OF THE COURT . WE DID NOT AGREE FOR DIVORCE AND THE CONDITION FOR THAT IS HE MUST SPEND FOR HIS SON'S EDUCATION . IN THE NEGOTIATION HE DID NOT AGREE FOR MONEY . HE IS MONEY MINDED ONLY .

                THE DISTRICT COURT REFUSED TO GRANT DIVORCE FOR HIM AND ALSO DID NOT GRANT FOR THE CUSTODY OF HIS SON . HE CAME ON APPEAL TO THE HIGH COURT IN 2001 . OUR ADVOCATE DID NOT ARGUE AT ALL . ONLY HIS ADVOCATE PUT FORTH HIS ARGUMENTS BEFORE A 2 JUDGE BENCH . HIS PETITION WAS NOT EVEN ADMITTED . BUT STILL HE IS LIVING WITH THAT LADY ONLY . BUT GOD HAD PUNISHED HIM BY NOT GIVING EVEN A SINGLE CHILD TO HIM . ON MANY OCCASIONS HE HAD COME TO MADRAS AND ASKED HIS WIFE TO LIVE WITH HIM . HER ONLY CONDITION WAS , YOU COME ALONE WITHOUT THAT LADY . BUT HE WANTS BOTH . SHE DID NOT AGREE TO THAT . NOW THAT BOY HAD COMPLETED ENGG FROM ANNA UNIVERSITY IN MADRAS AND IS NOW EMPLOYED IN THE UNITED STATES . BUT HE DID NOT WANT TO MARRY . HIS MOTHER HAD RETIRED FROM THE BANK ONLY LAST YEAR . SHE IS IN MADRAS ONLY .

                SO MY ADVICE IS GET RID OF HER AS SOON AS POSSIBLE AND PROVIDE COVER FOR YOU AND YOUR PARENTS BEFORE YOU " ALERT " HER . FROM MADRAS WE HAVE FOUGHT A CASE IN A EUROPEAN COUNTRY ALSO AND UNITED THAT FAMILY . HE IS A FRENCH CITIZEN OF INDIAN ORIGIN . IN INDIA SOME PLACES WERE UNDER THE CONTROL OF FRANCE AND SOME WERE UNDER THE CONTROL OF PORTUGESE LIKE THAT - JOSEPH WILFRED - 20/01/2014 AT 20.20 HRS