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Balaji (Self)     22 June 2014

Divorce notice not reached to the court-498a

Hi All, My wife filed 498a and case moved from JFCM Court to loakadalat court. In loakadalat judge given 90days time. After that both parties didn’t attended and our lawyer attended taken next hearing. My wife is telling after divorce only withdraws the case. Last time we went there but she didn’t attend and our lawyer attended that day and taken next hearing in loakadalat. Compromise amount deposited in Joint account and she has to withdraw all cases and after divorce only we are going to give that amount.

Divorce filed by wife under sec 13 1 ia, ib. Four hearings completed and yet to receive divorce summons from court. I have taken Divorce copy and now that divorce summons notice struck in Postal department. Notice returned back through ordinary post on 17.05.2014  not yet reached to court to collect notice and hearing completed on 06.06.2014 but summons didn’t reached to the court. I attended in lokadalat on 07.06.2014 but my wife didn’t attended. Next hearing we have on 10.07.2014 in lokadalat and Divorce hearing also same day. Now they filing intimate letter again because of summons not reach to the court.

1)      1) After filing intimate letter, how many days it will take to get ready to serve summons in the court? What is the procedure for that? Is judge signature and new code number is required for that? Please advise.

2)      2) Judge given warning,if don’t compromise in next hearing file will send back to JFCM Court. What I have to do? ? My wife is telling ,after completing divorce only will attend in lokadalat court ? Please advise further steps.

3)       3) My wife is not ready for MCD because she is telling if I come for MCD I will be face problem in second marriage (Problem means second marriage will take time) (Her age is now 32)  What I have to do? Please advise;

4)    4) Total four hearings completed Please advise which is the best way to resolve the this problem?

Thanks to all for ur time and quick responses…



Learning

 1 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     22 June 2014

 

 

1) After filing intimate letter, how many days it will take to get ready to serve summons in the court? What is the procedure for that? Is judge signature and new code number is required for that? Please advise.

 

498A will go for life-long event after our death also 498A will go no if you don't apply for SPEEDY TRIAL in High Court.


 2)      Judge given warning,if don’t compromise in next hearing file will send back to JFCM Court. What I have to do? ? My wife is telling ,after completing divorce only will attend in lokadalat court ? Please advise further steps.

 

Let it be go to JFCM. Don't worry. Please don't give her divorce until 498A is over.

 

 3) My wife is not ready for MCD because she is telling if I come for MCD I will be face problem in second marriage (Problem means second marriage will take time) (Her age is now 32)  What I have to do? Please advise;

:-) Don't give her divorce until 498A is over. Please look for a good unmarried girl for you and start live-in relationship and enjoy your life.

 

4) Total four hearings completed Please advise which is the best way to resolve the this problem?

File FIR against her  and in-laws U/Ss -

 

120 IPC Concealing design to commit offence punishable with impris­onment.

120B IPC Punishment of criminal conspiracy

120A IPC Definition of criminal conspiracy

 

383 IPC. Extortion.

 

406 IPC Criminal Breach of Trust.


506 IPC. Ciminal Intimidation.


34 IPC. Common Intention of Crime.

 

Please also see my post on the following link: -

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6beR0Cm9dg



https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6bedECm9dg


 

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