• Marriage issue

Sir I got divorse from my wife and married my ex girl friend From the day we got married she stayed in her house and I stayed in my house as I stay with my parents we thought to move to my new house this month but sir I have a child with my first wife so she has a problem in me meeting my son or talking to him now we had a fight and she is not picking my phones or answering my msgs we got married in 2016 I think she planning to fight legally what cases will she put on me including 498a sir will police arrest me in 498a
Asked 7 years ago in Family Law
Religion: Hindu

15 answers received in 1 day.

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19 Answers

You have a son from your 1st wife an you married your gf. Now dont panic as maybe she is not able to understand how to interact with your son and that is why she is hesitant to meet him. Try mediation. If that is not possible then give an application in the local police station about your case and about the dowry etc. No issues as you haven't taken anything. Also explain to the police the circumstances under which you married her.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

See she can file case under Protection of women from domestic violence act , under dowery protection act or 498a or any other materimonial offence.

The police in generally will not arrest and first will call you on instance of her complaint and you can obtain an Anticipatory bail in that situation.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See don't wait file a police complaint that you and your wife has never lived together in domestic relationship as she doesnot want to live with your child so she has been harrasing and threatening and intimidating for false cases.

Further file a divorce case agasint her on ground of cruelty and take divorce.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

File for divorce on grounds of mental cruelty and desertion 

 

2) wife refusing to stay with husband for continuous period of 2 years amounts to desertion 

 

3) you must have exchanged messages with her wherein you requested her to stay with you 

 

4) wife forcing husband to stay separate from parents amounts to mental cruelty abd is ground for divorce 

Ajay Sethi
Advocate, Mumbai
99856 Answers
8148 Consultations

L

there is no automatic arrest in case wife files false dowry harassment case 

 

2) police would issue you notice to record your statement

 

3) you can apply for and obtain Anticipatory bail from sessions court 

Ajay Sethi
Advocate, Mumbai
99856 Answers
8148 Consultations

1. Well, do not worry much about the case. Even if 498A case is filed you would get bail easily and once bail is granted there is not much for concern.

2. Do not leave your son He is the most precious thing for you now and if your wife has problem with mere meeting with your son then she can not trusted for long.

3. In that event either to resolve her peacefully to ask her for mutual divorce on which context you are likely to ay her one time alimony.

Good luck.

Devajyoti Barman
Advocate, Kolkata
23656 Answers
537 Consultations

1. She can file 498A, DV Act and 125 CrPC. Under DV ACt and 125 CrPC she can claim maintenance from you.

2. If and when FIR gets filed under 498A then apply for anticipatory bail to preempt your arrest and detention.

3. You are free to file for restitution of conjugal rights under Section 9 or a petition for dissolution of marriage.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

The police will not arrest you like that so it is better idea to wait if anything happens and then go to the High court and get quashing of the FIR or stay on arrest

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1)She can file DV and 498a against you.

2) File NC application in your jurisdiction police station..

3) Father is a natural guardian of a minor child.  You can file a petition for custody of child and an interlocutory application for visitation rights to visit your child as an intermittent relief.

 

Mohammed Mujeeb
Advocate, Hyderabad
19337 Answers
32 Consultations

  1. As per the information mentioned in the present query, makes it clear that you though you decided to go for the second marrroage with a hope to live life peacefully further, but it seems that again your partner has not got the understanding to have support to you.
  2. Sir, once you get an even idea of filing any case hybher on you then you have a legal remedy to approach the court for some sort protection on the apprehension of getting arrest.
  3. And I advice you to file a RCR before the family court, as this would give you an edge stating that you want her back in your life if she happens to file any criminal complian against you.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

1) Once divorce took place so she can't blame of same point and fight case Judiciary does not have time to tactical case for same facts and issue.

 

2) If you want your son than you can file for child custody in the court or for visitation order twice in a month. first lets see what type of case she filed against you as of now.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Dear Sir,

First file child custody case and claim either permanent child custody or visiting rights whichever you like.  Secondly If she files any such false complaint U/s 498A IPC then you can move Sessions Court or High Court for getting anticipatory bail and you will get easily.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Hello,

There is no automatic arrest in the case of 498A.

If the case is filed then you will be served with a notice and thereafter you may appear before the police and give your statement.

File a NC before the police station that you are being threatened of false cases. 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You should file a NC beforehand.

Also you can file a case for restitution of conjugal rights in the family court. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Just wait her to move first. Unless you know her move, dont imagine and react. We can any situation with the help of good lawyer.

G Suresh
Advocate, Chennai
394 Answers
5 Consultations

She may plan to file all such criminal cases agaisnt you if she decides to wreak vengeance against you for the reasons she may rely upon.

You may better be vigilant about her movements and if possible obtain AB once you get a call from police for any reason and then plan strategies to confront her in the court of law.

T Kalaiselvan
Advocate, Vellore
90058 Answers
2499 Consultations

You can wait for her next moves and then decide about your move on the subject issues.

 

T Kalaiselvan
Advocate, Vellore
90058 Answers
2499 Consultations

- A woman can lodge a complaint under the domestic violence Act even after the divorce , if husband harassing her , but cannot claim alimony , maintenance etc .

- After the divorce ,she cannot file 498A against you.

- In Domestic violence case , there is no arresting power to the police. 

- For the custody of child , she will have to file a case in the court , where you will get notice for appearing from the court . This case is civil in nature and no arresting/ warrant issued in this case. 

- If, she is harassing you or creating nuisance for getting the child , then for your personal satisfaction and safety , you should file a complaint against her. 

Otherwise no need of worry. 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

You can take anticipatory bail to avoid arrest. If she files false FIR you can approach HC for quashing

Prashant Nayak
Advocate, Mumbai
34572 Answers
249 Consultations

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