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RAJAPU MOHANA RAO (operations manager)     01 March 2016

Divorce or null and void

Hi Everyone,

Thanks in Advance,

Explaining in brief, my 498a case in trial now and all the evidences were cross examined and only one witness is still pending. She filed 498a in 2009 but she was married with persons before getting marriage with me. Her first marriage is registered and not taken any divorce from both of the persons. Again she married me in 2007, while i came to known and ask them about her earlier marriages she started harrasement and went filed 498a. I submitted all the evidences. When I am in hyderabad I filed a petition under null and avoid. But I am unable to attend to both of the cases that means 498a and divorce case. Thats why I didnt attend the divorce case. Almost 3 to 4 years i left the case. And last year I came to known that she went for another marriage also. Now what I have to do can reopen the previous null and void case. Or I can file a new petition. If I have to file a new petition under what section I have to file, under divorce or null and void. Please reply

 



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 3 Replies

saravanan s (legal advisor)     01 March 2016

The 498a case that she filed on you is not maintenable as her marriage itself is illegal. In that case you can quash the 498a case by filing a petition under 482 crpc in the high Court.you can file a petition to declare the marriage void as your spouse had married you while the earlier marriage is persisting

saravanan s (legal advisor)     01 March 2016

The 498a case that she filed on you is not maintenable as her marriage itself is illegal. In that case you can quash the 498a case by filing a petition under 482 crpc in the high Court.you can file a petition to declare the marriage void as your spouse had married you while the earlier marriage is persisting

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     01 March 2016

Your ability to file the fresh petition depends on the outcome of reh previous one. If it was dismissed then you shall have to file a fresh petition based on a new cause of action. If the same is still pending then simply continue with it diligrntly

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