MyNation Foundation Forum » Advice » 498A

  1. kurheamol
    Member

    Sir,
    My lawyer gives guarantee that the police could not file 498A against me and my family.

    Also, all the exercise (i.e. got the copies of RCR, missing complaints certified from the Police)had been done on 13th June 2011. Also, I asked them to do whatever she wants to do.........

    But the PI told me that he guarantees me that they wont take complaint against me.....
    Also, she & her father are continuously following up with them. The lady PI inform me that she is ready to compromise, we will ask her to withdraw the CrPC 125. And we know that you are not at fault. So please come we will resolve the issue as its on record that she wants to compromise.we want to resolve the case ASAP. We extend support in your favour. We know that you have suffered a lot......we will try our best u just come once. and so on....................

    Now with this should i go for AB??????

    Posted 6 years ago #
  2. Dr.Dsouza
    Member

    if she still threatens you, write a detailed complaint and send it to SP. Ask your lawyer to be ready with AB application. No need to get AB now as police and your lawyer has also given assurance of no 498A.

    Posted 6 years ago #
  3. kurheamol
    Member

    Sir,
    I had already filed the complaint against LPC (Lady Police Constable) regarding the threats.

    Posted 6 years ago #
  4. Dr.Dsouza
    Member

    I said superintendent of police (sp) as nothing happend after complaining tp lpc
    let order comes from top, that works better than local complaint.

    Posted 6 years ago #
  5. kurheamol
    Member

    Dear Mr. D'souza,
    this is to inform you that my wife agreed to live with me in the same residence during the counselling in Akola Family Court. She will be joining on 5th October. Judge asked her that why she want to join on 5th, she can go today also as I showed that I was desperate to take her today itself.But she stated that she is engage in carrying out some Tutions. She will shift the same during this period. (Also, the counsellor suggested me to reffer my wife to a psychiatrist, but my wife rejected the same) W.R.T. the court had signed compromise papers from both of us. But after the court we went to Women Cell, Akola, where my FIL and wife were asking me to sign bond, which i rejected. Now my in-laws stated that its Police Procedure.

    Queries:-
    1. Can I use bond issue to withdraw the compromise deed, as they are forcing me to sign the bond.
    2. I'm really not interested in taking her back.
    3. What should be the next step to avoid her getting back in my house.

    Posted 6 years ago #
  6. Dr.Dsouza
    Member

    tell them, if any bond to be signed it should be in front of judge; or notify judge about this;
    do not take her back till all cases are withdrawn and ask her to sign appology letter and also to write she filled false case on you.
    even if you are forced to take her back rent small one room house out of city and tell thats your capacity to rent, never take her to your parents or your own place.

    Posted 6 years ago #
  7. kurheamol
    Member

    Right Sir

    Posted 6 years ago #
  8. kurheamol
    Member

    Good News..............

    The complaint against Lady Constable in Women Cell, Akola has been acknowledged by Home Ministry (RR Patil)
    and accordingly the inquiry of the same has been initiated.

    There was a call from Women Cell Akola, confirming the Home Ministry's notice regarding the Inquiry.

    Thanks Mr. D'uoza for ur continuous extended support.

    Posted 6 years ago #
  9. Adv.Kachave
    Blocked

    If there is apprehension that your wife will prosecute you for criminal offences like 498(a) or 406 etc. it will be better to you to approach Sessions Court for anticipatory bail.
    http://www.jaihindlegal.com 9821387099, 9224799546.

    Adv.Ramchandra N.Kachave
    98, 2nd floor, Esplanade Mansion,Kala Ghoda, Near City Civil Sessions Court,
    Mumbai-4000023
    Posted 6 years ago #
  10. kurheamol
    Member

    On 5th I had visited FC, Akola. I inform the Counselor regarding the unnecessary demands of my Ex. Also inform that the FIL & Ex want me to sign bond and have raised more demands which I cant fulfill. The counselor told me to forgive all and take her, which i clearly rejected. Then she asked me to inform the Judge that I'm not taking her along with me.
    Same I did, but the judge fired on me stating that your wife does not have demands in front of Court, so let us know your decision about taking her back. I tried to convince them regarding the order demands as well but Judge didn't listen me at all. And asked me to give in writing that I'm not will to take her back in-spite her willingness to join me. Then I asked her for the date so as to file the same. Judge immediately gave the date after 4 days.
    I requested them to extend the same but didnt listen.
    Also in RCR my ex has failed to attain 2 dates. And has filed the Affidavit.

    Today I had send my SAY via my Friend which was not accepted by Court and again gave the date after 5 days i.e. 15th Oct.

    Now as I'm Heart Patient and I have to travel apprx 500-550 Kms from Pune to Akola its not feasible to attain the dates which are so closed. also the Lawyer I gave is from Pune.

    How to deal with these situation???

    Posted 6 years ago #
  11. Dr.Dsouza
    Member

    As long as case is pending, tell them you will not take her back.
    and you want in writting thats she filled false case just to harass you and she will not file case again after coming back.
    // this is your say, im not telling you take her back.

    Posted 6 years ago #
  12. kurheamol
    Member

    I had mentioned following things in my SAY-
    25. The Respondent says that when the Respondent realized that the Petitioner is intending to break the marital tie the Respondent therefore in Order to preserve the marriage and also considering the future Life of the Daughter filed petition for Restitution of Conjugal Rights in the Family Court Pune. The Petitioner appeared in the said matter and has filed application for maintenance In pune Court also. This goes to show that the petitioner instead of cohabiting with respondent is approaching the court and Police Station with Malafied intentions.
    26. The Respondent says that because of the acts of the Petitioner the respondent was mentally disturbed. The Respondent was unable to perform to on his job, the company of the respondent therefore terminated the respondent form the services. The Respondent thereafter started a small business in partnership recently however instead of getting profits from the same suffered great loss in business. The Respondent therefore decided to quit the Partnership. The respondent has informed the partners accordingly by way of legal notice. The Respondent as on today is JOBLESS and the financial position of the Respondent is very BAD. The respondent himself is totally dependent upon his parents for all purpose. The Respondent himself does not posses sufficient means for maintaining the respondent himself.......At this juncture the financial & mental condition of the Respondent is very week. The Respondent due to the family dispute has suffered great mental stress and has suffered heart disease and at present the Respondent is taking treatment from the heart specialist.
    27.The Respondent says that as on today the Respondent is ready to live together with the Petitioner but the Petitioner No-1 is making exorbitant and illogical demands which the Respondent cannot fullfill at this relevant time. The Respondent never neglected or refused to maintain the Petitioner. Therefore the application of the Petitioner cannot be entertained in the present form.

    28. The Respondent says the Respondent is under great pressure and in distress as the Respondent is genuinely willing to live together with the Petitioners, but the petitioner No.1 is bent upon to spoil the life ofthe Respondent and his Daughter by breaking the marital relationship. In these circumstances the application filed by the Petitioner herself has abandoned the Respondent from her life and has started residing separately
    without any valid reason.
    29. The Respondent therefore prays that
    A) The petition filed by the Petitioner may kindly be dismissed.
    B) Such other and further Orders be passed by Hon'ble Court as deemed fit and proper.

    Posted 6 years ago #

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