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Singha Rao (Engineer)     07 July 2012

Wife want to do with out my knowledge

I got married before 1 year after that we stayed together for 5 month at outside India. After that we went to India, and she say that she can able to come back alone after 1 month, so that I left her and I came back to Malayesia. Once I came back she say that she want to job at India and she don't want to join with me, even she told that it is not necessary to stay both husband and wife together. After that she stay at my parent's house. Then she did quarell at my parent's home with everybody without any reason and left her parent's home. Initially she quarel with me for unnecessary reason, now slowly after 2-3 month and their argument are different day by day. "which I recorded amicably". Now after 3 month argument she and her father is arguing that I turtured her for dowry. But all are false...Now she told me that she don't want to talk to me over phone anymore. I have some proof voice record that she talked to her old boy friend, in my absence where her boy friend demanded that he is now realising why he did not able to marry her. Now our relation in such stage that it is difficult to make it again. So before that should I take any precausion? Please suggest me in following query?

1. Now I am scaring that she might file false case against me. As I am in emplyment pass at Malayesia, so if she will file case then can she able to arrest me from Malayesia? Is it necessary to come downsome time, if Judge want to clarify some thing? So is it necessary to explain to Judge or can I pass to my advocate? If not then can I fight case from Malayesia, through my relatives? So on that basis can I inform all these things to police before she file case? Will it be helpful for me to get anticipatory bell?

2. As her home is 400 KM away from my home so fighting case will cause too much problem for my family member. If in case she file the case, can we transfer the case to our home town or to high court?

3. Can I file a quash in High court (Before or after she filed case). As chances for rejoin is very less, So can I apply for diverse or RCR or AB? please suggest me which will be more better.

4. Last week her father asked me to send her all certificates, and she is going to do job some where with out inform me. Then when I talked to my wife how come you are going to do job with you parent's decision she say that time will tell you.

5. Some where I read that recording some body's talk with other may be illegal. But as this is my wife's so still can she claim that that was her personnel matter? Because after marriage also she told few time that she has also personnel life? is there any such term exist that after marriage wife can do some thing with out knowledge of husbend and can claim that this is my personnel life.

6. As right now I am in a stage where our marriage beter not to repair. Still should I try to convinience and bring her or better to not?



 3 Replies

Guest (Guest)     07 July 2012

 

1. Now I am scaring that she might file false case against me. As I am in emplyment pass at Malayesia, so if she will file case then can she able to arrest me from Malayesia? Is it necessary to come downsome time, if Judge want to clarify some thing? So is it necessary to explain to Judge or can I pass to my advocate? If not then can I fight case from Malayesia, through my relatives? So on that basis can I inform all these things to police before she file case? Will it be helpful for me to get anticipatory bell?

Once the case is filed your presence in India can be secured coercively. If you come down to India your passport may be impounded. In order to safeguard yourself from a possible false case which might be registered by your wife, start informing the police authorities now about the imminent possibility of your wife filing a false case on you.  


2. As her home is 400 KM away from my home so fighting case will cause too much problem for my family member. If in case she file the case, can we transfer the case to our home town or to high court?

The case has to be filed and tried at the place within the local limits of which the offence is committed. If the offence is not committed at the place where it is filed, the court at that place has no jurisdiction to try the matter, and you can move HC for quash.


3. Can I file a quash in High court (Before or after she filed case). As chances for rejoin is very less, So can I apply for diverse or RCR or AB? please suggest me which will be more better.

Quash can be filed only after the FIR is registered. HC doesn't quash an FIR as a matter of rotine, and it is only in exceptional cases where the proceedings manifest an abuse of the process of law that the HC quashes the proceedings. If you have an apprehension of a false case being registered against you, you can seek notice bail from the court . Once the FIR is registered you can seek AB. Filing RCR is not the solution.


5. Some where I read that recording some body's talk with other may be illegal. But as this is my wife's so still can she claim that that was her personnel matter? Because after marriage also she told few time that she has also personnel life? is there any such term exist that after marriage wife can do some thing with out knowledge of husbend and can claim that this is my personnel life.

The right to privacy exists against a spouse as well, albeit in a cirumscribed manner. If the conversation you recorded relates to your marriage and manifests that her conduct is unbecoming of a wife, it may be used against her.


6. As right now I am in a stage where our marriage beter not to repair. Still should I try to convinience and bring her or better to not?

To be decided by you. As a note of caution, guard yourself against the false cases which might be on the cards.


1 Like

Singha Rao (Engineer)     07 July 2012

Dear Asish Sir,

 Thank you for your valuaable suggestion..

If they want to take revenge then can they hold my passport through court and Indian embassy?

Now I am scaring to travel to India...

If my situation will not improve then I am planning to apply for Divorse..So after filing Divorse can I able to contest from Malayesia through my advocate?

After filing divorse if she still file 498a then also there will be chance to get impound my passport?

 

Thank you in advance..

Guest (Guest)     09 July 2012

Unless and until you evade the court proceedings the passport will not be seized.  The court might though require you not to leave the country without the prior permission of the court.  You can file for divorce from Malaysia by engaging a lawyer in India. Your presence will not be required except at the evidence stage.


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