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solarsoft (Director)     14 December 2013

False dv and 498a

I live in Delhi & I got married in April, 2013. Before marriage i decided to go on honeymoon in india but the girl, she is working in Gurgaon for the last 7 years but her native plave is in UP, said that she donot want to travel in india but she want to go outside india. So, i cancelled my honeymoon. After marriage from the 1st night till 22 days, she spent 22 days along with me at my Delhi house, she always created an artifical wall of bags or pillows between us on bed and when i opposed she just said that she need time to undersand me. But she always remains busy on sms or call on mobile. whenever i asked the person to whom she is busy with, she just said that she is talking with her friend. and nothing else. These activites created doubts. Again, one night i tried to know about her rude behaviour for keeping bags or pillows between us on bed in night. But she did not reply and the very next day she left for her rented house in Gurgaon. And after next day she sent an sms that she has some medical problem and it needs to be operated. And this problem was before marriage. On further enquiry we came to know that she has some major MC problem. On asking no body of her family is ready to share any medical report. They are saying that they had talked to a doctor for operation and on asking they are not ready to share any medical report or doctor prescripttion. Now she said that she donot want to come. And a few days ago they sent an advocate notice to me fro her natice place UP that we are demanding dowry and we have harrashed her mentally and physically. But my family members are not living along with me in delhi  All are staying with their family in other towns. We have sent a reply, but we came to know that they are going to file DV and 498a against me and our family. So please guide us on the following points:

1. She is working in Gurgaon in a reputed company for the last 7 years, so can she file a DV or any case from her native place where marriage was held.

2. We have all sms and call record file, so can we use as a valid legal document in the court

3. As the marriage is still not consummated can i file for null and void case in Delhi

4. If i am filing a case against the girl, would i bear all the expenditure of her also, as some advocates have said so, so i need your reply

5. What action i should take as precaution

If any thing i am missing here and you think i should know that please guide me. I need your guidanace.



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 3 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     14 December 2013

Dear Querist my opinion on your queries are as under 1. she is in Gurgaon in a reputed company for the last 7 years, so can she file a DV or any case from her native place where marriage was held. opinion, yes she can file DV case, divorce case from her native place 2. We have all sms and call record file, so can we use as a valid legal document in the court opinion, yes these are valud evidence as per section 65B of indian evidence act. 3. As the marriage is still not consummated can i file for null and void case in Delhi. opinion, yes you can file annulment petition before court in delhi. 4. If i am filing a case against the girl, would i bear all the expenditure of her also, as some advocates have said so, so i need your reply opinion, no it is lwrong, you can bear only your expenses. 5. What action i should take as precaution. it will be better to file the case as soon as possible before court because if she will file the case in future or after you then these case may be treated as counter blast cases and nothing more. feel free to call

Laxmi Kant Joshi (Advocate )     14 December 2013

you can go for nullifing the marriage on the ground of non - consummated , you have all the relevant proof of your innocence with you against 498A, DV etc in the form of sms and telephonic conversation , they all are admissiable u/ s 65B of indian evidence act as an electronic evidence in the court .

solarsoft (Director)     14 December 2013

Dear Sirs, Thanks for your reply. After 10 days of our marriage she joined her office in Gurgaon. So, May i know is Jurisdiction area is not required for filing DV or 498a case? As Myself is living in Delhi and she is working in Gurgaon and also living in their. When she left my house and went her ranted house in which she was living before marriage and where her parrents was also living there, so i think DV and 498a case should be file in Delhi. Please clear my doubts.


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