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498A attempt by wife. How to proceed ?
28-Apr-2023 (In Family Law)
Hi, my wife deserted me since Aug15. Returned forcibly to home for three weeks and tried to abduct my son with relatives by threatening. Went to Kolhapur and threatened of 498A if I didn't give child. I raised PMO complain, hired lawyer. So far no FIR but she did not come for conciliation in women's cell. Now is it possible to file criminal case against her/her family if I have call records? lawyer suggests IPC 388. Want to take further advise. What could be consequences in case I just warned her of case and did not file FIR actually? To note, I am raising Kid with me since separation Also that my home, her pre-marriage house and place of marriage all fall in Pune. I have a car in her name that I use and house I live in is jointly held by her and me. PMO is with DCP Pune office but no call to me so far from there Filed RTI to seek copy of 498A complain as suggested by Women's cell API in Kolhapur Filed NC complaint and divorce from my side as soon as got threatening by in-laws
Dea client, as your wife already deserted you 2 years back your son is with you from two years is the best proof for you.please don't bother about 498A, read Arnish kumar VS state of Bihar a supreme court judgment of July 2014 which is very helpful for you.if once again threats then file a case as per section 388,
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Adv. Vijay Kalu Wani
Pune | 200+ Answers
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As per the facts provided by you, in my view Section 388 of Indian Penal Code would not fit accurately in your case. Kindly provide me with more details of the event which happened. There must be an act of Assault which is also punishable. You can file a criminal complaint of Assault. Kindly file a FIR against her. It will be legally helpful. Kindly provide with more details for more specific advice. Kindly book a consultancy call for any further clarification.
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