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MK (consultant)     04 February 2010

contradiction is legal notice and divorce petition

If a husband in a letter asks his wife to stay at her parental home for a few months and

then sends a legal notice stating she is staying without reason in her home

and again contradicts that she is staying away only to break the marriage in another petition

when questioned states it was a mistake of his lawyers

what charges of false allegations can be filed on such person?

 

 



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 8 Replies

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     04 February 2010

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.

MK (consultant)     06 February 2010

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.

MK (consultant)     07 February 2010

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.

 

 

 

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     07 February 2010

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.

1 Like

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     07 February 2010

where a tortured wife will search the justice for her?


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