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Vik1234567 (software engineer)     27 November 2012

Wife left and now filel complaint

wife left home 4 months back , i  called her many times in that 4 month  but  she was not willing to come back her father was abusing my mother and my younger every time on phone. now  i dont wants to stay with her as she and her father has cross all limits. we married 7 month back only she was

she and her parents were threatning us saying they will file police complaint , they will kill us with some jadootona, she abuse my family member very very badly  etc etc. now 4 months are gone and she wans to come back but i dont want to take her back.

her father has file false DV complaint or arjee(shikayat) i am not sure taking names many people some of which were not even part of marriage .now police ask all of those poeple to visit police station so that they will resolve if we visit police station can police arrest us if we say we need to think or we dont want to take her back. can they arrest us just there.



 9 Replies

Anis (Asst. Manager - Sales)     27 November 2012

Send your lawyer first to the police station and check if a 498A case has been filed. If it is only DV Case then no need to worry as there is no arrest in DV Case. But if 498-A is filed then police can arrest. If 498-A is filed then apply for Anticipatory Bail. Once you get AB then go to police station. Even if AB is not granted then still the court may grant you notice bail.

Samuel (CEO)     27 November 2012

@Vikas: my 2 cents from my experience: Nowadays in police stations on DV and 498A complaints try to determine the complaint is valid from angry wife/family. It is better to check with Lawyer first on the case and the purpose of Calling at police station.

Police needs to brief you over the phone what is the complaint made against you.

Please be brave and confident:

Firstly, always deny on the allegations that they give. Be polite and give your statement and innocence. In police station admit that you are willing to take her back but my family and myself feels insecured due to false allegations and complaint.

Secondly, never get into your nerve, you need to be polite even they disrespect you and silent until your wife side actions are exhausted. You can react once for all.

In your case, i see your wife will not go for court case or 498A/DV she is under instigation by her dad. Never worry! be strong and face the situation you will be stronger. God bless

Read thru these article:

Vik1234567 (software engineer)     27 November 2012

thanks Anis and Samuel for your reply.

My wife has file case 125(1) (which means she is asking for mainenance th' i am not sure) i got notice from court.

now problem is i really dotn want to stay with her as she and her parents have cross all limits taking advantage of fact that my father is expire and there no strong relatives who will take our side. she was not willing to come for 4 month, she and her father abuse my family very badly, threned us with police , killing , she even told that if she comes back she will make our life hell... now how to deal with this. 



stanley (Freedom)     28 November 2012

In a DV case there is no arrest  hence you can approach the police station . But dont ever try to bribe them else they will keep extracting money from you in future . Tell the police to go ahead and file the case . Contest the case in court .if she has filed section 125 of crpc it is that she wants maintanence . 

In a Dv case she can ask for right to residence and can come and park herself at your place if it belongs to you . The next option is if the house belongs to your mother than your mother would have to disown you . As she has asked for maintanence u/s 125 you would have to provide her the same provided she is not a earning person .As you dont want to live with her seek MCD by talking it out with her else if she is not agreeing than go in for contested Divorce but this may take years .

rajiv_lodha (zz)     28 November 2012

Seems that urs is a 498a complaint. As u have decided not to take back be prepared for a long drawn battle against legal terrorism as many of us here are fighting.

Send any wel wisher to that PS & he wil get xerox of the complaint in lieu of some VIT-M.

Read "498a Survival Guide"

Vik1234567 (software engineer)     28 November 2012

thanks Guys.

Actually i have receive one call from police and 5 days later i have recieve notice mentioning 125(1) not 498a or any other DV.  they have also file complaint or arjee (dont know exactly) in police station and i  got call from police station saying we are doing DV. some1 has suggested them to file case so that they get money easily.

my question is how to prove she left home without any good reason and we did try to bring her back and she was living happily with us. thing which are there with me are

before she left ,

1.  i  have few  photos when we visited some places, festival photos, photos with her brother sisters when used to come to our home 2. sms messages 3. medical insurance which i got from company i have sent same to her sister also.

after she left

1. one email asking her to come back 2. many messages 3. phone call history (number of call and lenth of call) 4. one complaint which we register 3 month later when her father start threatning us.

we file comlaint against them 4-5 days before they file against us.

are this sufficient to prove our innocence.

Samuel (CEO)     28 November 2012

Voice record on your phone that will help in future. There are many softwares available in market.

Vik1234567 (software engineer)     28 November 2012

thanks Samuel.

but i dont have any other proof than this and since now case is in court there wont be any communication whatever data i have mentioned in last reply will it help in court?

Samuel (CEO)     28 November 2012

Yes, Everything count.

Logically, the more documents you show that supports your point..

Some of the items you can think that you have favoured your wife:

1. Any items purchased for family and the bill.

2. Photos will help.

3. Letters will definately help.

4. Take a snap shot of call history and produce in court.

5. Greeting card or gift - anything that you purchased to showcase your love.

6. If any conversation proceeds, start recording.

On plain statement, to show your love we cant produce on evidence grounds so be brave and trust on your loyalty and truth.

I just see Divorce is too early on your case, you can wait until to see thier saturation point or you can file for RTF and then convert it to Divorce. Please gain more exposure with expert lawyers.

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