• wife taking misadvantage of law

I am goverment servant... Married 3 years back.. Having one year old child... My wife is very high tempered.. She fought with me on very small things... I always councell her to become calm.. But dayafter that she again starts same behaviour...she alwys threaten me that i will file 498a against you and ur family... And u will be jobless and on the road... I dont want to seperate from my child and wife.... She wants to take misadvantage of law... Please guide me there any law for   precautions of false 497a ?  and if she files 498a against me then i will b jobless or not
Asked 2 years ago in Family Law from mumbai, Maharashtra
Religion: Hindu
1)you should visit a marriage counsellor with your wife to resolve your differences . 

2)if situation does not improve suggest obtaining divorce by mutual consent . 

3) record her conversations. 

4) in case wife files 498A you can obtain anticipatory bail from court 

5) you wont lose your job but in case you remain in jail for over 48 hours you may be suspended .
Ajay Sethi
Advocate, Mumbai
24706 Answers
1323 Consultations
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1. First disclose whether you are in govt. service or not
2. if you are in govt, service then do remain alert to avoid arrest so you can obtain anticipatory bail.
3. once you do than there is no chance of risking your job.
4. if you are in private job then even if you get arrested the loss of job is very unlikely.
5. There is no need for unnecessary fear for 498A case.
Devajyoti Barman
Advocate, Kolkata
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63 Consultations
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after your wife files FIR in local police station you  should apply for and obtain anticipatory bail  from sessions court . your family members can also apply and obtain AB .

 court generally grants AB to family members . in your case you have to assure the court that you will not seek to influence the witnesses and that you have strong case on merits .
Ajay Sethi
Advocate, Mumbai
24706 Answers
1323 Consultations
5.0 on 5.0
1. Anticipatory bail can be applied for only FIR is registered.
2. Criteria for anticipatory bail differs from case to case. In 498A cases the court generally grant bail unless some grave charges like physical hurt supported my medical documents are there.
Devajyoti Barman
Advocate, Kolkata
5839 Answers
63 Consultations
4.9 on 5.0
in divorce by mutual consent the parties file consent terms . it is decided mutually by parties . you should insist that  clause be incorporated that wife has received alimony in full and final settlement and she wont make any further claims in future
Ajay Sethi
Advocate, Mumbai
24706 Answers
1323 Consultations
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iN MUTUAL DIVORCE ONLY THOSE ARE CLAIMED AND GIVEN WHICH ARE MUTUALLY AGREED UPON.
Devajyoti Barman
Advocate, Kolkata
5839 Answers
63 Consultations
4.9 on 5.0

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