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498_Husband (IT Consultant)     29 July 2013

Ex parte divorce rules (urgent)

Dear All,

Just giving some background of the case:

My wife filed false 498 in MArch 2012. My family members got the AB, I was in USA so applied late. It was rejected in session court but granted in high court in June 2013. Having 60 days period to get regular bail, I am back from USA and have to regular bail so that part is good.

She also filed Divorce & 125 cases in May 2012.

In the meantime I received one time summon in Feb 2013 through Ambessy/ my company but date was void because I received that late so my lawyer advised not to do anything.

After I got the Regular bail, I wanted to proceed for divorce cases, so enquired in Family court which is in another city and just today only I came to know that Ex Parte divorce allowed by Family court on Jul 3rd 2013. My lawyer is telling that we are under 30 days and can apply request for converting it to bi parte.

This case belongs to Indore, MP. Also, I have a date for 125 case tomorrow on Jul 30th 2013. what should be done for this case also. Can she get married before 30 days? or Court can easily change it to bi parte?

I have to take steps now regarding this case, this forum helped me alot. Please help me again and guide the correct way. I personally think I shouldn't give divorce till 498 is on.

Thanks & Regards,

Anshu

 

 



Learning

 2 Replies

498_final stage (Professional)     29 July 2013

I would suggest quash 498a first. The moment you get it quashed then you can easliy get divorse on the grounds of cruelty by your wife. 

adv.raghavan (Advocate,9444674980)     29 July 2013

u have not mentioned whether u r willing to cohabite with her in future, if yes u can contest the expartie order, if not forget and try to arrive a settlement on 125 crpc, and find out on what grounds divorce was granted and any mentioning about alimony. with regards to 498A most of cases are false it is difficult for the complainant to prove allegations unless and until they have some specific evidence to deal with.so contest 498A on its merits if possible go for quashing of the above  in high court under 482 of crpc


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