Javed (CA) 18 October 2012

498a will destroy the life of girls

I know a guy from Canada and during his visit to India was married to a girl with force and did not take any dowry or even slept with the girl.The family and relatives of the girl later asked him to get visa sponsered or threatened with 498a,DV and many more cases.He later came to know they filed all cases againt him and he bravely showed his middle finger to them and he will never visit India ever in his life and took asylum in Canada.In this situation is it possible for the girl to get divorce declaring the man to be a runaway or she waits her whole life sitting on top of 498a and DV ?

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6 Replies

Tajobsindia (Senior Partner ) 18 October 2012

1. She is required to wait for "7 years" as per Marriage Laws and after applying liberally "Revlon dye" she can finally get herself re-married.

I suppose by that time all complaint cases will also die their natural death as nothing comes out from 4 walls of a bedroom that was never occupied by the two, I mean what a waste of first nite, which now gets published in Jeevan Saathi.Com as “innocent divorcee”? Yup truly “innocent” karma society would say...…..J

Javed (CA) 18 October 2012

Where in law states that in 7years she can get married and the cases die when the husband is still alive ? I think the 498a and DV is lifelong case.

Tajobsindia (Senior Partner ) 18 October 2012

He he are you that girl kya !
Reasoning:
Allow me to quote you now - “In this situation is it possible for the girl to get divorce declaring the man to be a runaway or she waits her whole life sitting on top of 498a and DV?”

Law of possibility that you asked are as follows:

A. S. 13 (1) (vii) HMA states as follows;

“13 (1) (vii) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive.”

B. S. 498a / 406 / DP Act / DV are all STATE cases. Her presence respectively are required only during Evidence stage. She can jolly well give Evidence even before AND/OR after 7 years with her re-marriage if cases by then not settled either way.

Now you decide which dictionary to pick-up to interpret settled Law !

(Guest)

I think everyone should show their middle finger to this type of girls !! Some idiots treat law as their papa's property and think that they can do any sh*t and abuse laws to whatever extent they want . Good luck anyways !!

Amit (NA) 19 October 2012

@Tajobs, please clarify my doubts (this is not my case, but got these doubts after reading the thread)

Why wait for 7yrs, can't she file desertion case?

Even if she waits for 7yrs and then files case, she has to prove that the guy is not heard of from last 7yrs. What if the guy once in a while (say once a year) keeps in touch with the girl or communicates with court (via POA or anything) or keeps in touch with his relatives in India giving suggestion that he's in Canada and alive, then this 7yr case won't work out right?

Tajobsindia (Senior Partner ) 19 October 2012

Originally posted by : Amit
	please clarify XXX Why wait for 7yrs, can't she file desertion case? Take: For that the thread post author should tell here which year they married and since how long metro wife is not using 4 walls of bedroom? Even if she waits for 7yrs and then files case, she has to prove that the guy is not heard of from last 7yrs. Take: If she wants divorce she has to prove in accordance with Law when desertion clause she has not specified (years separation is what I mean here) ! Further re-read author’s facts, he says the guy has taken asylum (I have doubt on his statement as matrimonial asylum is not accepted under Canadian Humanitarian Policies but nevertheless I know what he means) which means the guy has shown his middle finger to the metro wife. What if the guy once in a while (say once a year) keeps in touch with the girl or communicates with court (via POA or anything) or keeps in touch with his relatives in India giving suggestion that he's in Canada and alive, then this 7yr case won't work out right? Take: Such and such facts are for the concerned Court to discover as per pleadings of the parties. I have not applied to be a Ld. Judge position in internet Forums to speak on future.