Can the exparte divorce grounds be taken as evidence in 498a

@ Author,

1. Only upto to extent of Explanation under S. 498a IPC and not otherwise as ex part divorce is not considered granted under natural justice principles. State will have persuasive arguments of ex part decree in divorce under cruelty read with Explanation under S. 498a IPC also read with 'quality' of allegations in a Complaint under S. 498a IPC 

2. Ex part maintenance awarded meter down will also come into picture the moment divorce is granted ex part to her. 

3. The issue with such briefs is lack of application of clear strategies and/or lack of legal guidance or lack of reading past discussions in criminal - family law forums and just coming and asking a question for question sake.


I will explain critically my above observations now; 
 

- If you filed JC then it is natural that you have taken one-two grounds out of nine that are available to Husband - right!

- If JC was dismissed as withdrawn since parties wished to opt for MCD based on return of stridhan and 8.5 L PA as alimony as consideration for MCD and both parties agreed [what do you mean she agreed ? she agreed because such offer as consideration was given to her or she asked for them and only one could have happened and you also agreed for giving them as agreeing to such consideration for MCD] and First Motion happened then in my observation mistake is yours not hers for not coming for second motion. Why? I don’t think you entered or opted for MCD with sleeping mind when question of return of 10 L worth of Stridhan + 8.5 L P/A alimony are involved just for fun! If you didnot have the capacity to meet such Agreement terms then you should not have stick to MCD first motion is my view. If you now say she had other plans and for fun she entered in MCD then I donot even see you meeting her back her stridhan leave aside 8.5 L to move to Second Motion instead you are in next line questioning receipts - bills of stridhan which infact you are in fiduciary capacity holding on them! 

- You say you are holding 10 L worth of stridhan which is not fine totally but upto a point and the moment you question about their bills then a question pops up i.e. you didnot have any problem keeping them with you in couples 'good times' without bills but the moment she is asking their return then 'receipt-bills' question comes to your mind? I mean either deny that she didnot have 10 L worth of stridhan and challenge them by asking production of 'receipt- bills' or return them without even a 'demand' raised as you are just custodian of her exclusive stridhan, why linger on in court corridors from JC to failed MCD to now asking question about ex part divorce r/w ex part maintenance and lots of other legal questions in future ?

4. What she is demanding under maintenance is her prerogative which you can challenge as per permissible Laws hence I have just read the sentence and not commenting anything more. 

5. Your question of evidence of ex part divorce under cruelty is answered in para 1 and partially in para 2 and then explained how faulty are your legal journey atleast as per my observation. 

6. Advised not to reply back with so called 'justification', same could be written in a brief in first instance and you are already participant of some 95 questions or forum replies till date as the case may be and thus are having sufficient knowledge and if not then suggested to read last 500 discussions each in Criminal Law as well as Family Law then reply back to me if such rebuttal need arise and in case you cannot hold back replying to me, if not then.... 

Suggested to discuss brief - case facts with a local seasoned advocate and follow his advises. 

[Last reply]

Sir,

Some of your observations are incorrect. Agreed that my brief may be incomplete. So let me answer to your questions and I will try to avoid justifications as you suggested.

1. I didnt state that I will let HAMA maintenance go ex-parte. I will contest the maintenance, however my wife's side may use exparte divorce decree and ask for huge maintenance. I suppose judge will not grant 75000 rupees as they asked but instead may grant 20,000 rupees based on my salary, liabilities and the evidence of cruelty(exparte divorce decree) on record. Do you disagree to this point of view?

2. It was agreed between the parties that alimony + sthreedhan will be paid only after the second motion of mutual consent divorce. Both parties duly signed the same on the MOU. Now then why are you posing the question of me not returning the sthreedhan? I was even ready to return her pencil also at that time. But she withdrew her consent in the second motion saying that she is not inclined to take divorce and wanted to live with me. After two weeks she filed 498a? Now where is my fault? Why is that you are saying that I dont have the capacity to return her sthreedhan and 8.5lakh p.a? I have even taken loan and the same amount I have deposited as FDR in the bank and gave a copy of it to my FIL worth 8.5lakhs? Now that she arrested me with fake 498a and sent me jail, it is now my duty to teach her a lesson. Yes they dont have bills otherwise by now they should have filed domestic violence recovery case. Why should I upfront return her sthreedhan after 498a?

3. Sir if I return the sthreedhan then they will demand 1crore, I dont have the capacity to pay that I will have to lose my precious time for her mindless cheating.

Finally strategy but not a justification:

They are doing all this to terrorise us and get more compensation where as she was the one at total fault. We agreed for 8.5lakhs prior to my arrest and they cheated us. Now if I allow exparte divorce and contest maintenance then they will only get the higher maintenance(may be 20k based on my salary i.e., 60k). But they wont get any lumpsum as they day dreamed. Then they will come for a comprimise as their 10lakh is locked in my custody and they may lose a part of 8.5lakh that they would have earned. I will be allowing only an ex-parte decree of divorce, then I will have the right to set it aside based on the nature of their actions. Why do you think that it is a faulty strategy? 

Dear Sir,

Nobody can make you to pay rupees hundred if you already have Rs. 10. Alimony can only be granted after considering the facts and financial capacity of a person. Therefore, you should not be worried about the vague demands made by your wife.

Now since you have asked a hypothetical question that what if you don't appear in a divorce petition?Then in that case I ask you why should you not contest the diverse petition and present the facts before the family court regarding her conduct wherein she withdrew her consent in mutual divorce petition?That you might be expecting that if you do not appear then she will be granted ex parte divorce. If you really looking forward to take a divorce then admit the prayer of divorce.Based upon your admission you will be granted divorce and that admission will become part of the decree. In case if you do not appear and you proceeded ex parte I apprehend that your wife might withdraw the divorce petition as well. The first thing that you should to is to accept the prayer of divorce as this is the thing you want. Later on you contest the maintenance application by presenting the facts before the court regarding financial capacity and should leave to the wisdom of the court regarding the maintenance amount. As far as permanent alimony is concerned kindly check whether she has filed an application for the same not?
Adv.Pradeep +919871765000 Gurgaon.