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MANKU (EXECUTIVE)     02 October 2015

Earnest help

Dear Experts, I am a divorcee and Hon High Court has upheld my divorce decree recently. Now my ex wife who is still residing in my house and must have filed some Complaint with CAW and we are in receipt of a Summon from CID Police directing the entire family to report there. Kindly guide as to what should we do now? After divorce is it tenable ? Regards.


Learning

 9 Replies

saravanan s (legal advisor)     02 October 2015

498a can be filed even after divorce.if any such complaint is made to the caw cell by your wife they will call you for mediation.if you can arrive at a amicable solution then it would be pursued further or else if mediation fails the caw cell will recommend for filing of fir over you.in that case apply for ab and face the case on merits


(Guest)

It is very important to give complete pciture, at least significant points in your case when you ask question.

You got divorce on what ground.

Since your wife went in appeal it is clear you filed divorce suit and wpon atlower courts.Is that so?

Civil and criminal jurisdiction areseparate. There are umpteen judgments of various high court and supreme court on this.

In many cases People file frivolous civil suits to hedge against possible crminal complaints by opposite party. But no more it operates. 

Did you apply for divorce like that?

Unless we know about grounds you used in divorce suit and on what ground court decreed divorce  not much tips can be given at this stage.

SAINATH DEVALLA (LEGAL CONSULTANT)     02 October 2015

Was the divorce granted exparte? Yes she must have filed 498A on Ur entire family.Other aspects as adviced by Adv Saravanan.

MANKU (EXECUTIVE)     02 October 2015

The divorce was filed by me on cruelty ground. It was a contested divorce. She lost. She challenged in HC but HC dismissed her appeal. After that she has started this game.

MANKU (EXECUTIVE)     02 October 2015

The divorce was filed by me on cruelty ground. It was a contested divorce. She lost. She challenged in HC but HC dismissed her appeal. After that she has started this game.

(Guest)

This gentleman has been doing rounds of LCI for quite some time now, his pain is, his wife who is not vacating the house even after divore decree is granted.

 

I suggest you to neck her out of the house by using goonda power.


(Guest)

Why she is not leaving the house?

MANKU (EXECUTIVE)     02 October 2015

Thanks Mr Gyan Prakash. Those who passes through these situation only can feel the pain. Many experts like you in this forum have helped me by their valued guidance/ advice whereas some are cutting jokes at my fate. I feel LCI is meant to serve this purpose. Regards.

saravanan s (legal advisor)     02 October 2015

if you want to make your ex wife leave your house you can file an eviction suit against her in the court (if the property where she is staying is not jointly owned by you both)


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