File for anullment of marriage on grounds of fraud

2) if wife has suppressed material facts about her illness before marriage it is a ground for anullment of marriage

3) since case has been filled in Kolkata apply for AB in Kolkata only

Dear Sir,

You have to file anticipatory bail only in the State High Court where FIR was lodged. You have good ground to file a counter cheating against her and her parents as they cheated you without disclosing her ailments. Your presence is not necessary for taking anticipatory bail. The following FAQs to defend yourself.

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Q. Can my wife or her family file a false 498a (dowry) case against me? What are the indications that a wife or her family can file 498a?

A. There are some indicators which are listed at: http://www.geocities.com/gorky_maksim/pages/assessrisk.htm

Q. Neither I nor any of my relatives demanded or have taken any dowry. Can she still file 498a?

A. Yes. Any Indian wife and her relative can file 498a on her husband, his parents, sisters, brothers, grandparents, uncles, aunts, cousins, wives of brothers, and other relatives. 498a (dowry harassment case) leads to arrest without any verification or investigation.

Q. I have given a huge amount, say Rs. 5 lacs, to my wife or her parents by cheque. Can she still file 498a?

A. Yes. No investigation is done before 498a is filed and arrest warrants are issued without investigation.

Q. My parents never stayed with us. Can she still file 498a against them?

A. Yes.

Q. My wife or her family is threatening to file 498a and they are very abusive. What should I do?

A. Safeguard yourself, your parents and your relatives.

1) Be very polite in all circumstances. Record all conversations (voice, chat, email, letters, etc.) with those threatening and keep the originals in a safe place. Never produce the originals before anyone, not even before your lawyer. You can buy Olympus W-10 voice recorder, which costs about Rs.4500. You can also buy a telephone recorder.

2) Write a complaint to your nearest police station, detailing about blackmailing, her false allegations and her unscrupulous behavior. And request in your complaint to make her stop the threats and abuses immediately.

3) File RCR (Restitution of Conjugal Rights). Remember to include conditions that she should agree on before she starts living with you again.

4) Collect evidence to prove that you have neither demanded dowry or have taken it anytime.

5) Collect evidence to prove that she moved out of the bond of marriage for no apparent reason.

6) If she does not already know, make sure that she does not come to know that any of your family members is an NRI.

7) Don't remain home during weekends and holidays. Have proofs of where you were. For instance, if you were in a mall, have a credit card transaction in that mall and keep the copy of that transaction.

Q. I think that I should go for divorce instead. Is it a good idea?

A. Don't make the mistake of filing for divorce. You will land up in a lot of legal problems. Apply for divorce only after you get RCR in your favor or after you get an ex parte decree on your RCR or mental cruelty is as extreme as mentioned in http://judis.nic.in/supremecourt/qrydisp.asp?tfnm=28609

Q. I'm very worried about my parents. What should I do to protect them?

A. Disown them legally: ask your family members to give legal notice by way of affidavit in two newspapers. Ask them to produce the newspapers before the Circle Inspector and Investigating Officer before and when they come to arrest them. If your family members are still arrested, produce the newspapers at the time of applying for anticipatory/ regular bail.

Show up a smiling face to them. Your happy face will provide them the strength.

Q. My wife or her family are demanding money, joint property, joint account, separate accommodation, jewels, etc. and threaten, directly or indirectly, that they will file 498a if their demands are not met. What should I do?

A. Don't meet their unreasonable demands. It usually doesn't help. It will rob you of your hard-earned money that you need to spend on lawyers later. If you lose it now, you will not have anything to fight your case later in court and you'll become almost a bonded labor.

If you still need to pay them money, pay it as an explicit loan and only by cheque so that you have a record of the transaction.

Q. We went to the police, but they didn't write down what I stated verbally. What is the solution?

A. Simple. Write a complain letter yourself and submit the same in police station and get "received stamp" on xerox copy. If the police refuse to give a stamped copy, address your complaint letter to the "police officer in-charge, local area" and mention at the end of the letter that it is CC'ed to the SP. Then submit it to police. They are bound to take that and act on it. If they still do not give you a stamped copy, send it to the police by registered post and retain the acknowledgement.

Q. I fear that if the police take any action on my complaint, my wife will lodge 498a immediately? Should I still submit the complaint?

A. Yes. Simply tell the police not to act on it. Even if they say they will act on it, they will not (99.99%).

Q. When station in-charge of police station does not register the case, what can I do?

A. You have the below options.

1) Try to get the reason for not registering the complaint in written.

2) Approach SP of district.

3) Approach media.

4) Approach local heavyweights, NGOs, human rights activists, etc.

5) If any of the above does not work or you do not want to take these approaches, then the last and final solution will be to approach the court. Please read the judgment below which clearly states what you can do if police does not register your FIR.

THE HON'BLE MR.MARKANDEY KATJU, THE CHIEF JUSTICE

AND

THE HON'BLE MR. JUSTICE F.M.IBRAHIM KALIFULLA

W.A. No. 401 of 2005

6 . In our opinion, if it is alleged that a crime has been committed and some one goes to file an F.I.R ., and either the F.I.R. is not lodged at the police station, or, having been lodged, it is alleged that proper investigation is not being done by the police, then the remedy of the complainant is to make an application under section 156(3) Cr.P.C. before the Magistrate mentioning all these facts, and it is open to the Magistrate to direct the police to lodge the FIR and/or to do a proper investigation of the alleged crime.

Q. Is there anyway 498a can be averted at police station?

A. Yes. By effective bribing, 498a can be averted in police station permanently. But, if she has contacts, then it may not be possible.

Hello sir , since a FIR has been lodged in Kolkata , first apply for anticipatory bail for yourself and your parents .. Getting AB will not be a problem , and after bail you can join the investigation .. Once you obtain bail file for quashing of FIR under 482 Crpc in high court ...They have to appear in Bangalore for divorce proceedings otherwise court will grant a ex-parte order ..

1. Since the case is registered in Kolkata , you have to take bail from Kolkata only.

2. There is no way the court in Bangalore can pass bail respect of the aforesaid case.

3. if you apply for anticipatory bail then there is no need for proposal travel to any of you to Kolkata for the same.

4. this is not the right stage for applying to quashing. To do the same you will have to wait till the submission of charge sheet.

Firstly, as per the Supreme Court guidelines FIR can only be registered after preliminary inquiry by a committee in the above mentioned offnece.

Secondly, yes you very well ask for it’s quashing.

Thirdly, file divorce in your area on the ground of concealment the facts of her disease.

1. You can take the anticipatory bail from Kolkata even without coming to Kolkata by getting the Anticipatory Bail petition sent to you by your Kolkata Advocate signed at Bangalore for returning to him for filing against the said FIR lodged against you u/s498A of IPC (and not as per section 498 as reported by you in your post).

2. They case will not be hard by Bangalore Court at all and it will be decided at Kolkata.

3. Since one year of marriage has not yet been passed, you can not file divorce suit against her but can file a petition praying for annulment of your marriage on the ground that vital fact (of her ailment) was suppressed from you while obtaining your consent for the marriage and had the said fact been made known to you, consent for your said marriage would not have been given by you.

4. You can file a petition before the Calcutta High court u/s482 of Cr.P.C. only after charge sheet is filed by the police against you.

5. At this stage, your first job will be to apply for and avail the anticipatory bail for all the accused against the FIR registered against you and then file the annulment petition if you decide to terminate the matrimonial relationship with your wife.

Firstly the bail has to be obtained from court in Kolkata, banglore has no jurisdiction.

Secondly you can take AB and appoint lawyer he can take care of case.

Third file Quashing petition before WB high Court.

If marriage done on fraud file an annulment petition before the family court.

1. Yes , if your wife is ordinary resident of Kolkata then on her application before the supreme court it is likely to be transferred to Kolkata.

If your wife is unemployed then she can claim maintenance in the annulment case or separately by filing a case under PWDV Act.

Wife can file petition in SC for transfer of petition to Kolkata

2) you can oppose the transfer application on grounds that wife can avail video conferencing facilities and her personal presence is not necessary

The transfer of divorce case is possible from SC only in case she goes to SC you can oppose same there also SC now is of routine transfer should not be allowed instead vedio conference or such facilities can be used.

Yes if she can claim alimony if not capable of maintaining herself even in annulment case.

Dear Sir,

It is better to file a divorce petition in Bengaluru. If they wish to transfer to Kolkata they have to appraoch Supreme Court as it is State to State transfer. If you are able to get ex parte divorce then you need not pay any maintenance.

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Section 406 in The Code Of Criminal Procedure, 1973

406. Power of Supreme Court to transfer cases and appeals.

(1) Whenever it is made to appear to the Supreme Court that an order under this section is expedient for the ends of justice, it may direct that any particular case or appeal be transferred from one High Court to another High Court or from a Criminal Court subordinate to one High Court to another Criminal Court of equal or superior jurisdiction subordinate to another High Court.

(2) The Supreme Court may act under this section only on the application of the Attorney- General of India or of a party interested, and every such application shall be made by motion, which shall, except when the applicant is the Attorney- General of India or the Advocate- General of the State, be supported by affidavit or affirmation.

(3) Where any application for the exercise of the powers conferred by this section is dismissed, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum not exceeding one thousand rupees as it may consider appropriate In the circumstances of the case.

Hire some lawyer and apply for anticipatory bail.

To find layer in Kolkatta , contact.

1. Try to understand the difference between annulment and divorce.

2. Annulment meant that the marriage itself is nullified by the Court order whereas divorce means there existed a marriage which has been dissolved as per the Court order.

3. For filing divorce suit you shall have to wait for one year from the date of your marriage and for filing annulment petition you shall have to file it anytime within one year of coming to know about the fact which was suppressed from you as detailed in my earlier post.

4. You can file the appropriate suit/petition at the place where the marriage was solemnised or where both of you last resided together or where she is currently staying.

5. If both of you had last stayed together at Bangalore for which you have the evidence, then you can file the suit/petition at Bangalore but it is certain that she will file an application before the Supreme court to get the case transferred to Calcutta for which a long time of yours will be wasted in the process.

If the kolkata police have registered FIR, then you may have to obtain AB from the sessions court within that jurisdiction or high court Kolkata only and not from Bangalore court.

At this stage you may have to first get enlarged on bail after which you can challenge her false case in court of law on the basis of merits and documentary evidences or can file a petition under section 482 cr.p. c. for quashing charge sheet.

Now if I file divorce petition or petition for anullment of marriage in Bangalore will it be transferred to Kolkata..... If so what can I do to stop the transfer. Do I have to give Maintainence or settlement money with anullment petition.

The chronic kidney illness cannot be considered as material fact for the marriage and its suppression cannot be a ground for seeking annulment.

For divorce you may have to wait for at least one year from the date of marriage.

If she had resided with you lastly in Bangalore then you may file divorce cae in Bangalore.

If she has not visited Bangalore at all then you may have to file the divorce case in the place of marriage of the place whre she currently resides.

You need to apply ABA in Kolkata only. You can only take transit aba in Bangalore till you file the ABA in Kolkata. You need to file quashing at Kolkata HC.