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Srinivas (.)     07 July 2014

Ex-parte divorce would have impact on 498a-urgent,urgent pls

Hi All, My wife filed 498a DP 3 & 4 on me and later released on bail. we compromised and 498a case moved to lokadalat. in between my wife filed Divorce case under sec 13 (1) ia,ib.Today I got divorce notice and did signature on divorce summons and in that they mentioned if u dont attend on 10.07.2014 and it will go against to u (Underfend).

1) If I dont attend on 10.07.2014 that will go to the exparte, Please advise is there any chances to reopen this expartee divorce later ? Please advise.

2) In divorce petition she mentioned 498a DP 3 & 4 Filed in women police station. Is Ex-parte divorce would have any  impact on 498a ? Please advise.

Thanks to all and quick responses.



Learning

 4 Replies

Adv Archana Deshmukh (Practicing Advocate)     07 July 2014

Every case has more or less some impact on other cases related to the same facts. It will be better if you appear in the case on 10/7. If you cannot go there personally on that date, you can sign the vakalatnama and your lawyer can appear on your behalf.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     07 July 2014

Please don't give her divorce until 498A is over. Please appear in-person and give WO. Sample petition WO is given bellow. Please bring your case on JM again and appear in-person in High Court for Speedy Trial. All sample petitions and other clues are available on the following links -

 

a) Please affix Rs 10/- as court fee on the head of the petition.

b) Please affix Rs 1/- on the head of the AFFIDAVIT of the petition.

c) Please make notarization of your petition and take two xerox copy of it before give it to the judge.

d) One xerox is for your brief and other should be served as a copy to the opponent lawyer in front of the judge and request that judge to record that the copy has been served to the opponent.

 

 

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg


https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg


https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1


Attached File : 303333827 sample wo petition.doc downloaded: 116 times

Srinivas (.)     07 July 2014

Hi All, Thanks to all..Please provide answer to below questons...

1) If I dont attend on 10.07.2014 that will go to the exparte, Please advise is there any chances to reopen this expartee divorce later ? Please advise.

2) In divorce petition she mentioned 498a DP 3 & 4 Filed in women police station. Is Ex-parte divorce would have any  impact on 498a ? Please advise.

Thanks to all and quick responses.



 

Sudhir Kumar, Advocate (Advocate)     03 August 2014

ex-parte or even contested or mutual divorce will not save you from 498a and the same has to be fought by you on merits.

 

do not leave divorce case by walkover as the curelity will be established. 

 

contest both the cases cooly


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