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ANEESH TRIVEDI (ADVOCATE) (Advocate)     15 November 2014

False allegation

Wife file divorce case in her place in 2009.

after 4 months , she came to live with husband and lived till 2 years, that is upto july 2011 then went back but in that time when she was residing with her husband, girls father sent court notice till april 2011 means divorce case was filed and notices was sent for surving husband did not received and case is closed by not pressed instruction

again girl file divorce case in 2014 she hide many facts of application which are in first application in second time she also hide that she had filed the same case before.

question is : Whether husband can filed any case on wife as she hide the facts form courts?

she try to harrase husband by filing cases?

noted that : 498A also running on husband since 2009, when they were together and still now...........before leaiving in 2011 she gave birth to baby and went to her place with baby, not allowing to see baby to her father]

any remedy is such type of give any advantage to husband in 498A and in filing case against her.



Learning

 2 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     15 November 2014

Dear, How could 498A be running, yes file a reply to the divorcee petition mentioning the true state of affairs. Kapil chandna adv, 9899011450

ANEESH TRIVEDI (ADVOCATE) (Advocate)     15 November 2014

498A was filed first in aug09, after that divorce filed september 09 both not withdrawn by wife for the sake of family husband think soon will be alright wife did not withdraw  498 a till now, new divorce filed by wife in march 2014.

if he reply for divorce then husband have to contest the case and have to travel 1000Km per month,this is foolish if he accept petition so soon............after order of publication, he have no chance but till then he is free. [ how much time this process took please reply ].......and who know this petition will also end like previous one

sir the query is---

1. Whether husband can filed any case on wife as she hide the facts form courts?

2. any remedy is such type cases ?

3. will such type of cases give any advantage to husband in 498A?

4. advantage to husband in 498A and in filing case against her?

5. what are cases husband can file on his wife in his own place? [ as he goes to her place he has to accept the wife petition.]

[ Note husband want to give divorce on his own conditions not on her conditions also he want to prolong till 498a can not decide ]


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