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(Guest)

Need your kind attention....save my soul

Dear Sir/Madam,

                              Myself Sandeep, i had filed a petition of divorce under section 13 1(a) on 03 Apr 2012 at a family court of MP(last place of cohabition) and i got exparte decree of that on 14 Sep 2012. She left to her parent's home at west bengal on July 2011.From then she was there only.Our parental home is nearby. She filed a totally absurd and false complaint at WB court u/s 49A/120B/323 on 21/4/2012 (after recieving summon from divorce court on 16/4/2012) against me and my parents.Parents are on bail.My Anticepatory Bail got rejected from session court.As i live outside WB and i am a central govt employee police didnt arrested me,but often came to my house and threatened my parents to force me to surrender. My query are:-

  1. What if i dont surrender,as i didnt got any official info about 498A?
  2. She sent letters to the Hon'ble Judge of Family court after recieving summons(claiming that i m doing fraud by putting a case outside her jurisdiction).She never mentioned about any so called tortures or dowry demands in those letters.Nither she has disclosed about the 498A case in her letters to Family court and vice versa in her 498A complaint. Will this help me to prove her malicious intentions?
  3. I have got the delivary status of all the registered letters sent to her by family court and also satisfied correct service of summons.She mentioned that she has a suckling baby(using my daughter as a tool),old ailing parents,applied for transfer of case in SC(family court asked her to provide with SC documents,she failed to submit) etc etc.as reason of her absence.If she files appeal for setting aside divorce,will these things help me?
  4. During our marriage of 2 yrs, i hardly went to WB. But that too for 12-19 days vacation,3-4 times.Will there be any jurisdiction problem,as i got married at WB and got divorce from MP?
  5. Can a high court overpower judgement given by other state family court?
  6. Can i remarry and file for child custody at a state(a 3rd state) where i am posted now?
  7. How can i assure peaceful living with 2nd wife(if marriage takes place) legally? Will RCR from 2nd wife keep evils away?If not,what should be done to stop interference of ex?

Kindly help, will return the favour by 'fighting all odds' at a border for u,lovely peoples......thanxx in adv.



Learning

 3 Replies

ANEESH TRIVEDI (ADVOCATE) (Advocate)     11 October 2012

Originally posted by : sandeep_drowned_hawk



What if i dont surrender,as i didnt got any official info about 498A?

No need to surrender apply for AB first.

She sent letters to the Hon'ble Judge of Family court after recieving summons(claiming that i m doing fraud by putting a case outside her jurisdiction).She never mentioned about any so called tortures or dowry demands in those letters.Nither she has disclosed about the 498A case in her letters to Family court and vice versa in her 498A complaint. Will this help me to prove her malicious intentions?
consult a good experinece lawyer, yes it may help to some extent but burden of proof of her torutre lie on her self so no need to worry much.


I have got the delivary status of all the registered letters sent to her by family court and also satisfied correct service of summons.She mentioned that she has a suckling baby(using my daughter as a tool),old ailing parents,applied for transfer of case in SC(family court asked her to provide with SC documents,she failed to submit) etc etc.as reason of her absence.If she files appeal for setting aside divorce,will these things help me?
keep the record of each and every letter with reciept and draft them datewise , usually wife try to use kids as weapon but latter they regreat for her doings , let her do whatever she is doing her main weapon was 498A and DV now she can file for maintenace but first fignt with 498A now no need of compramise no need to give her a single rupee. you can file counter case just read the blog of bharat chugh how to fingt with 498A. and read other post on LCI
During our marriage of 2 yrs, i hardly went to WB. But that too for 12-19 days vacation,3-4 times.Will there be any jurisdiction problem,as i got married at WB and got divorce from MP?

no problem where the couple is residing is also a juridiction so you can fight from MP.

Can a high court overpower judgement given by other state family court?

if appeal is there then high court revise the case.but judgement is given on merits / facts of the case.

Can i remarry and file for child custody at a state(a 3rd state) where i am posted now?

no after getting divorce only you can remarry you can file for custody or child and visitation where to file consult your lawyer but usually it will be filed where the child is residing at present.

How can i assure peaceful living with 2nd wife(if marriage takes place) legally? Will RCR from 2nd wife keep evils away?If not,what should be done to stop interference of ex?
why RCR for second wife? it is not understood. RCR is filed when wife is not living with you and leave you without any specific reason, if second wife is there , then no need of RCR the court case are meant for dispute and solution of it, is your second wife also left you?


Kindly help, will return the favour by 'fighting all odds' at a border for u,lovely peoples......thanxx in adv.

1 Like

(Guest)
Thanxxxx a lot Aneesh Trivedi Sir, I am a layman on legal matters.thanx for clearing about RCR.I dont have 2nd wife,i was jst asking.I got ex parte divorce.plz refer to my 5th question-Can a high court overpower judgement given by other state family court?...i meant to say can WB high court interfere/set aside judgement made by MP family court?

ANEESH TRIVEDI (ADVOCATE) (Advocate)     11 October 2012

Originally posted by : sandeep_drowned_hawk
my 5th question-Can a high court overpower judgement given by other state family court?...i meant to say can WB high court interfere/set aside judgement made by MP family court?

as per my knowledge ,High court having power if it come under its judiciary or an appeal is made against the judgement.

provided that matter or applicant  should be under its judicieal area . high court can interfer to any lower court order but still judgement is based on facts and merits.

more experience and more learned can explain it in best way request to stanely, tajobs india or mr. rahive_loda ji to put their suggestion over here.


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