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How to safe guard against FIR & 498A in Divorce case filed by wife
16-Apr-2023 (In Divorce Law)
I am Working & staying in Gurgaon. My wife in Neyveli, Tamilnadu. We got married around 4 years before and we have 1 year baby. Due to numerous cruelty behavior of my wife after several combine meeting with both families. I finally wrote a preliminary letter mentioning its bad behavior and cruelty activities against me and my family members and awaiting her reply or else i am planning to apply for divorce. In that case if she purposefully files a FIR complaint against me or my family or complaint in 498A. Then how can i safe guard my self. What r all the safety action to be taken my end.
Dear Client,
there is no such safe guards available legally to husband. if you file divorce case then your wife will definitely file maintenance, domestic violence and criminal complaint against you.
As you mentioned that despite several meetings the issue remains unsolved so i advice you to initiate one last meeting and try to convince her for mutual consent divorce. if meeting fails then you can go for divorce on ground but be ready to face cases/complaints from your wife.
another thing, its always better to have a call or preferably meeting with any experienced lawyer to get appropriate answer to your query.
for further information or assistance you can call/meet me.
Regards,
there is no such safe guards available legally to husband. if you file divorce case then your wife will definitely file maintenance, domestic violence and criminal complaint against you.
As you mentioned that despite several meetings the issue remains unsolved so i advice you to initiate one last meeting and try to convince her for mutual consent divorce. if meeting fails then you can go for divorce on ground but be ready to face cases/complaints from your wife.
another thing, its always better to have a call or preferably meeting with any experienced lawyer to get appropriate answer to your query.
for further information or assistance you can call/meet me.
Regards,
Helpful?
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Adv. Suneel Moudgil
Panipat | 200+ Answers
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File your complaint to the concerned area SHO and also to Commissioner of police stating the detailed version of her cruelty and do mention that your wife is threatening to file a false FIR against you u/sec 498A. Also attach the copy of letter that you wrote to your in-laws. You can file a divorce in Gurgaon taking cruelty as a major ground. Your letter to in-laws and copy of complaint made to police will be used as evidence for seeking divorce. make sure you take a fast decision and make the complaint and file divorce prior to her making FIR against you.
Helpful?
47+
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Adv. Arun Singh
Gurgaon | 100+ Answers
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It is not compulsory that you will be arrested, Hon'ble Supreme Court of India has issued various guidelines in this regard. Police is supposed to make sure that arrest is necessary. More over you can take preemptive steps in this regard to safeguard yourself as well as your family. You can contact us in this regard and we will guide you.
Helpful?
45+
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Adv. Parmod Kumar Sachdeva
Faridabad | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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