contradiction is legal notice and divorce petition

it is not a mistake, but delibarateiy done.

"husband in a letter asks his wife to stay at her parental home for a few months" - it means that he planed for a divorce on the ground of desertation.

"sends a legal notice stating she is staying without reason in her home" - now she is in the middle way of his plan.

"she is staying away only to break the marriage in another petition" - action taken according to plan.

donot worry. it happens sometimes.

If legal notice is singed by the client, he is bound by whatever he said on the facts in the legal notice except legal submissions.

Thank you arup kumar gupta and prabhakar

he has signed in the legal notice and divorce petition and emailed the letter

mr. arup if it is planned deliberately how can the wife protect herself. how can she present her case to the judge. isnt this an extended form of victimisation and harassment by the husband to bring her to court on false allegations of "acting with intent to break the marriage"?

mr. prabhakar, he has signed the documents containing contradicting facts, can he charged under any section like perjury, defamation, etc.

It appears that the husband has already moved a divorce petition.  If it is so, immediate action suggested is to defend the rights of wife by contesting the divorce case instead of thinking about counterblast cases.    At a later stage, depending upon the situation's requirement, one can think of filing any other case.

why contest and why not request to dismiss a petition of false allegations. it is not counterblast cases. if the husband starts committing offences that are punishable under the law, dont you think a case to be filed.

like mr. arup said, if the husband has a planned course of action even if his wife files 498a for the husband and his family's harassment of the wife. then contesting would be like asking the wife to play according to the husband's plan.....

what if the wife says that the divorce proceedings were planned to escape from 498a filed.

yes mrs mk, you are right. it is victimisation and harassment. you may want compensation on it.

for a male, getting divorce is approximately a night mare today, therefore, many males doing such conspiracy against their wife.

while the facts are contradictory, he will get in trap easily at court. you may charge him for purjury and defamation. it will be a separate case, other than divorce.

you are right to say that "if the wife says that the divorce proceedings were planned to escape from 498a filed". it happened several times. you will find here such cases.

you must attend the court, otherwise the case may be ex party in faviour of him. when you have received the court summon (not his pleader's notice) you must have got a date for appearing the court; on that day you must attend the court. you will get a chance for filling a written statement. on your written statement, you write whatever you like, and also pray for dismis the petition of him. ask for maintenance by a seperate petition u/s 24 of HMA - it is your right. file it first. after getting maintenance, file written statement. if your maintenance petition is their, the court has to dispose of this petition at first, then only the court can go to the next stage.

It does appear that my answer has not been properly appreciated.  Behind my answer, there are two reasons.  The first is that contesting the divorce case means to deny the allegations and seeking the dismissal of divorce case filed by husband with costs.  One can utilise the interim application for maintenance, if circumstances permit.

Regarding filiing of counter blast cases, if there is any scope and hope from the wife part for the reunion, that would be vanished if counter blast case, more particularly Section 498-A case is filed.  If this case is filed against the husband, I think, the wife is playing the game according to the plan of husband and there would be no scope for reunion (whether he will be convicted or acquitted).

where a tortured wife will search the justice for her?