Daily Archives: June 12, 2007

My wife has filed a false 498a. I live abroad. I request help

Dear Brother

Sad to hear your story

Subject to
—————————-
a. My idea of *self help* which is very essential : http://tinyurl.com/pxcfz
b. Standard disclaimers as in http://tinyurl.com/947u9

may I suggest

>>>>>>>>>> you said >>>>>>>>>>
>a. This is my Second Marriage
>
>b. 1st marriage in __another country__was
>annulled by affidavit. Wife knows that but yet
>has said in FIR that I am still married and has
>lodged complaint of cheating and bigamy.
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1.  I suppose both you and your wife are Indian Citizens (this question is to understand the divorce / civil case validity)

>>>>>>>>>> you said >>>>>>>>>>
>If I file for divorce from __my_city_abroad
>while 498A FIR has been filed will that mean
>that divorce case will not be entertained by
>both countries till 498A is cleared.
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2. DO NOT file for DIVORCE, especially when a 498a case is on
Read here on why  http://batteredmale.blogspot.com/2006/12/divorce-why-now.html
or alternate URL http://tinyurl.com/34bnmj

3. Its very good that your parents have obtained anticipatory bail. It is their birthright to be free from such false cases.

4. Now that they have anticipatory bail, the opposite party would be in a great pressure, as she cannot do MUCH damage to you

5. Please provide some more update on the status of the false 498a case.
– Has a charge sheet been filed.
– What does the charge sheet say ?
– have the police done a good inquiry ?
– how through was the job ?
– what do the police say ?
– Have hearings started ?
– Have you appointed a lawyer ? what is his opinion ?

6. JURISDICTION IS VERY IMPORTANT IN 498a. What are the cruelties alleged and where are these supposed to have happened AS PER THE FIR ??

7. for more on jurisdiction please read
http://batteredmale.blogspot.com/2007/06/sc-judgments-on-jurisdiction-related.html
or alternate URL http://tinyurl.com/2n8665

8. For general tips and tricks please read
http://batteredmale.blogspot.com/2007/05/letter-to-nri-hubby.html
or alternate URL http://tinyurl.com/3y7jaq

9. DO NOT PAY away in a hurry. Most un scrupulous women come back and demand more. See here for more http://batteredmale.blogspot.com/2007/06/i-have-already-settled-money-but-my.html or alternate URL http://tinyurl.com/22bm67

10. Since your wife is working the issue of maintenance should NOT arise. However, please read question No. 21 onwards here http://batteredmale.blogspot.com/2007/05/questions-for-new-victims.html or alternate URL http://tinyurl.com/2f2pyl

11. Since you are abroad, have you intimated your local authorities, police about the false case ? Many countries are NOW aware of the misuse of 498a. Misuse of the process of law has to be high lightened

12. Save Indian family have help groups all over the world. It may be worthwhile to network with them too. Contact nos at : http://tinyurl.com/2fu39n

I have numbered the questions and replies to help us continue to correspond

More after hearing from you

regards, vinayak

My post above is Subject to
—————————-
1. My idea of *self help* which is very essential : http://tinyurl.com/pxcfz
2. Standard disclaimers as in http://tinyurl.com/947u9
3. A short preamble : http://tinyurl.com/hatew

>>>>>>>>harassed husband’s queries >>>>>>>>>

—– Original Message —-
From: “Mr. K @msn.com” <Mr. K @msn.com>
Subject: Advice Please – Mr. K – _____ NRI

Name: Mr. K
Email: Mr. K @msn.com
Victim Location : ___ NRI
Hear about us: Blogs
498A Registered: YES
Any Other IPCs: 406
Relatives Accused: Parents
Jailed Days: NO
Stage of Case: 498a
Marriage Date: ___ Mid / 2006
Wife’s Education Level: ___ Prof. qualified ___
Wife works (earns)?: works
Filed for Divorce: NO
Took her Stridhan Back: YES
She had Any Medical Problems: YES_physical
Willing to Help other Victims: YES

Comments from the Husband :

a. This is my Second Marriage

b. 1st marriage in __another country__was annulled by affidavit. Wife knows that but yet has said in FIR that I am still married and has lodged complaint of cheating and bigamy.

c. This Marriage:  ___ Mid__/06

d. Wife came to stay in __my_city_abroad: __one month after_marriage_/06

e. Left __my_city_abroad for father’s illness: __early__2007

f. Started unreasonable monetary demands: a month after leaving _my_city_abroad_

g. Grudges with my family.

h. Had objections even to marriage counselor.

i. Entered my parents house and threatened police action – _Early 2007

j. Abusive to my parents, threatening, spreading false information amongst our neighbors

k. I sent letter through solicitor here

l. She came to __my_city_abroad on __mid_2007 but came to see me only a_week_later_ with another male friend at whose house she stayed in __my_city_abroad. She collected her belongings and left next day

m. Wife Returned and then _one_more_week_later tried to re-enter parents house. When told to get out….filed FIR under 498a, 406 etc against my parents and myself.

n. Wife Has a journalist friend and he spread false info to newspapers

o. Thankfully my parents have got anticipatory bail. I do not have bail.

p. I intend to file divorce.

My question:

q. If I file for divorce from __my_city_abroad while 498A FIR has been filed will that mean that divorce case will not be entertained by both countries till 498A is cleared. Is it not possible to quash 498A on the basis of the evidence already presented in the anticipatory bail case? Can 498A be quashed even before charge sheet?

r. Will it be better to file for divorce from __my_city_abroad or INdia?

Please help

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