X-wife re-married, but 498a not disposed, till running
Arka Foundation
(Querist) 14 April 2012
This query is : Resolved
Hello Forum,
In a party to a case
1) wife got ex parte divorce
2) A1 did not receive summons from court.
3) x-wife(498a complainant)got married
4) after marraige of x-wife(498a complainant) first hearing was dated for a1-a4
5) x-wife(498a complainant)did not tell to the court.
6) a2,a3,a4 got atttendance dispense.
7) Still A1 is running around for 498a.
from city to city.
Question:
As x-wife got divorced and re-married again happily since one year...
the 498a case will not be weak?
wont it be disposed without any hearings further.
what to do in this regard.
Shonee Kapoor
(Expert) 14 April 2012
Her remarriage has no bearing on the 498a.
She can still come for witness statements.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ajay sethi
(Expert) 14 April 2012
it appears your ex wife has not forgiven you yet . hence she is prcoceedings with 498 A even after remarriage . you rbest bet is she dosent come to court for her evidence
Raj Kumar Makkad
(Expert) 14 April 2012
498a is a separate proceeding than the re-marriage and such re-marriage is not a valid ground to get the criminal case disposed off. There is no such law to favour you. It shall be better to persuade your ex-wife through her husband or her relatives to break relationship with her past life and she attain her new life in new environment otherwise every action has pros and cons.
You need for flee from Courts from one city to another as you told rather face it and get bail and contest the case.
No case in the world has weaken automatically as you expect.
Arvind Singh Chauhan
(Expert) 14 April 2012
'A" did not get summon. whether he applied for cancellation of expartee proceeding ? or filed appeal ?
Her marriage does not affect 498 A., But if she conceal the this fact in on oath statement in examination in chief or cross examination, it may be beneficial to "A".
Devajyoti Barman
(Expert) 15 April 2012
Forget 498 a CASE.
File a bigamy case against your wife.
The 498A case would die soon once the trial begins.
Shonee Kapoor
(Expert) 15 April 2012
How come Bigamy case is maintainable, when she got the divorce decree and then remarried.
It is therefore pertinent to give a stiff fight to her divorce petition. If divorce has to happen, it must happen on your grounds.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 15 April 2012
That is what I was going to remind Mr. Barman that Mr. Shonee says. author began with "1) wife got ex parte divorce"
prabhakar singh
(Expert) 15 April 2012
To author !
Offence is offence and treated against state once charge sheeted ,it would terminate only after trial.
Raj Kumar Makkad
(Expert) 15 April 2012
No question arises to file bigamy case against ex-wife which is already taken divorce and husband is also not in a mood to get the decree set-aside.
Raj Kumar Makkad
(Expert) 15 April 2012
The important thing is the activeness of the querist. If he still keeps mum and do not come forward, no advice can do betterment for him.
Arka Foundation
(Querist) 15 April 2012
Dear All,
thanks for your replies
"1) wife got ex parte divorce"
i filed appeal and counter was filed by
x-wife, which was still pending in the court
"2) A1 did not receive summons from court."
i mean that by the time A1-A4 receive summons from the court for first hearing. one month before that only x-wife got married.
as said by arvind sir:
........But if she conceal the this fact in on oath statement in examination in chief or cross examination, it may be beneficial to "A".
Question:
concealing the information about her marriage is not wrong on her part even before her witness statements?
