WANTS DIVORCE BUT AFRAID OF 498A
Querist :
Anonymous
(Querist) 17 January 2010
This query is : Resolved
Dear experts,
before 2 1/2 years I have gotten married with a girl.(HIndu)
Actually she is residing in her parents home after 3 months of marriage till now. We tried our best to call her here, but she did not come.
Now can I file divorce U/s 13(1)(ib) of HMA(showing desertion)and offer her lumpsum maintenance?
Is this will be a safeguard against 498A?
A V Vishal
(Expert) 17 January 2010
I fear no, since complaint under 498A & DV Act can be made even during or after divorce.
sanuj klshreshtha
(Expert) 17 January 2010
your concern is to have a matrimonial relief then , instead of filling a divorce petition you ought have filled a 'restitution of conjugal rights petition', and claim and show your bonafide to maintain marriage home.
sanuj klshreshtha
(Expert) 17 January 2010
your concern is to have a matrimonial relief then , instead of filling a divorce petition you ought have filled a 'restitution of conjugal rights petition', and claim and show your bonafide to maintain marriage home.
Guest
(Expert) 17 January 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING DIVORCE PETITION AND 498A KINDLY NOTE THAT.
1.YOU MAY SEND A NOTICE UNDER SECTION 9 OF HINDU MARRIAGE ACT FOR RESTITUTION OF MARRIAGE .AND YOU MAY REQUEST AND CALL HER TO RESIDE WITH YOU.
2.IN CASE SHE IS NOT RESPONDING YOU MAY FILE PETITION TO COURT UNDER SECTION 9 OF HINDU MARRIAGE ACT FOR RESTITUTION OF MARRIAGE.COURT WILL ISSUE NOTICE TO HER AND CALL HER SAY.
3.IN CASE SHE APPEARS AND AGREES TO STAY WITH YOU .COURT WILL COMPROMISE THE MATTER AND PASS APPRROPRIATE ORDER ON APPLICATION OF BOTH THE PARTIES.
4.BUT IN CASE SHE DOES NOT ATTEND THE COURT INSPITE OF SERVICE OF NOTICE THEN COURT WILL PROCEED EXPARTE AND PASS ORDER IN YOUR FAVOUR.
5YOU MAY FILE DIVORCE PETITION MENTIONING ALL THESE FACTS .COURT WILL ISSUE NOTICE TO HER AND IN CASE SHE APPEARS AND FILES HER SAY AND AGREES TO STAY WITH YOU THEN IT IS UP TO YOU TO WIDRAW THE MATTER OR PROCEED FURTHER AS PER THE CIRCUMSTANCES OF THE MATTER.
6ABOUT 498 A CASE YOU MAY TAKE PRECAUTION AND TAKE ANTICIPATORY BAIL FROM SESSIONS COURT ,IN CASE YOU ARE AWARE OF FILING OF SUCH CASE.
YOU MAY WRITE AND SEND DETAILS IN CASE ANY FURTHER HELP IS REQUIRED.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
Arvind Singh Chauhan
(Expert) 17 January 2010
Before filing divorce you should file petition for restitution of conjugal Rights under Sec 9 of HM Act. It would be good defense, if 498 is filed and would be help full in seeking divorce also.
Guest
(Expert) 19 January 2010
For more information and help visit www.airyourlegalqueries.com
Sukhija
(Expert) 21 January 2010
I do agree with arvind.
