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(Guest)

Wrong jurisdiction case

(1). Marriage was done in state A and both Husband and Wife are living and residing in State A.

(2). After few days of marriage Wife left matrimonial house and took her all the belongings, Wife went to her house and started living with her parents in same state A.

(3). After some months Husband gets call from Police of State B stating, "Wife has made complaints against husband and his family on 498A.".

(4). Both Husband and Wife also never ever been to State B and Wife is still living with her parents in State A.

(5). Husband informed everything to the Police of State B and provided all the possible evidence then after Police of State B did not contact Husband again.

(6). After it, Wife brought police of state A to the Matrimonial house by stating, "I want to live with my husband and they are not allowing me to come inside.".

(7). After that husband files divorce petition on 13(A).

(8). After few months, Husband gets call from Police of State C stating, "Wife did FIR against husband and his family on 498A and 4.".

(9). Both husband and wife never ever been to state C and Wife is still living with her parents in State A.

(10). Wife has mentioned that, her current and present address are of State C and for that address of Aadhar card was been updated from State A to State C.

(10). Husband informed the Investigation officer of State C, How wife has harrassed them from State A and State B and Now She harrased from State C. Husband provided all the evidences.

(11). Based on evidences and prior history of State A and State B, IO went to the address which she has mentioned and found no such person is living here and someone else was living since long time.

(12). Based on Investigation, IO generated Final Report in favor of the Husband by stating that case is been filed in wrong jurisdiction.

(13). Wife challenged the Final Report, And She is also not going to the court and her lawyer is seeking more and more dates by saying she is not well.

(14). Now, Lawyer of Wife approaches Lawyer of Husband in State A stating, "Ask husband to withdraw case of 13(A) and let us go for 13(B) and we will withdraw our FIR and will get separated.".

(15). Wife and her family are not trustworthy at all.

Please advice what should Husband and family do now.



Learning

 6 Replies

T. Kalaiselvan, Advocate (Advocate)     03 August 2024

In that case let the wife file the mutual consent divorce case and process the same.

The husband can withdraw the divorce case when the mutual consent divorce case is coming up  for hearing on the second motion.

1 Like

(Guest)

Thank you Sir for your time and kind advice.

Husband and his family have evidences how Wife and her family harrassed them from all the three states A, B and C. With the fact that She never been /  lived / worked in both the state B and State C.

Lawyer of Husband said that wife and her family are afraid to get exposed in 13(A) and they are keep on contacting to move to 13(B).

Also, lawyer of Wife is saying to withdraw 13(A).

As per the opinion of lawyer of Husband is that, "Whole wife and her family are not trustworthy and they will not withdraw their cases against husband. But, by withdrawing 13(A) from Husband they will also take their consent back from 13(B).".

The whole game wife of lawyer is playing to withdraw 13(A) from Husband.

Sir, what can be done apart from 13(A) against the wife and her family?

P. Venu (Advocate)     03 August 2024

The facts, as posted are less than convincing. If a real story, what are the FIR Nos.? Which Court? Which State?

T. Kalaiselvan, Advocate (Advocate)     03 August 2024

You were properly advised about what can be done in this situation.

Without reading the contents properly, you have reverted with same question in a different manner.

You can ask them to file the mutual consent divorce case first, you can withdraw the contested divorce case during the second motion which will be the proper option before you.

If they don't agree, you don't accept their offer.

1 Like

Alisha Kohli   03 August 2024

See I can see your concern since trust lacks between the parties 

so to be on safer side always withdraw your cases after the second motion because the statements will be on record once mutual is done , the cases have not value specially the divorce one , so ur wife is at low risk 

but the criminal case against u can be continued after the mutual divorce , so better is to ask them to withdraw both the cases at first motion . Because divorce case can be filed again but to file criminal case that too FIR is not that easy and befor doing all these things make sure you guys enter into a mutual agreement duly notarised / registered.

1 Like

(Guest)

Thank you ma'am for your time and response.

My only question is "can any person harrass like this by filing cases in multiple states by stating that person is permanent resident of the particular state where person has never worked or stayed or lived in whole life?" 

Investigation of IO has mentioned clearly in Final Report that, wife is not found living / stayed ever in life / has never worked there and added that, some other person is living there since long years on the same Address which wife has mentioned while filing case and also added it may happen the case is of State A but Wife has delibratedly filed case in State B and C and submits Final Report in the favour of Husband to the Court.

Still, Wife challenged Final Report and not going to the court since 8 months and 6 dates are already passed by giving illness execuses, and the decision remains pending, how long time does it take if Wife remains absent in the court on date of proceedings?

And can you suggest what legal action, husband can take on wife?


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