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jagan (manager)     25 September 2014

First null &void of marriage and later dvc petition by wife

I was married in the month of March. 2014 and the same was registered prior to marriage during the engagement in Nov 2013. In the month of May my wife gone missing and I filed a missing complaint and police enquired and found that she deliberately eloped with her boyfriend. Her parents also confirmed the act and given me an affidavit stating that her daughter is at fault and not me.

2 days later my wife complained in woman police station against her parents and me police filed a 498A case. I explained police the facts and the case sent for a legal opinion the might refer the case in due course.

I have applied for divorce at May native place under the charge of adultery making my wife and her boyfriend as respondent 1 and 2 respectively. In the first week of this month the first hearing happened, a lawyer had appeared on behalf of the boyfriend but my wife didn’t appear in the court at my native place for unknown reasons. The case was adjourned to next month.

Meanwhile my wife had applied for Null and void of marriage under section 12 in a family court at her native place, stating that she was forced in to the marriage with me by her parents. She even mentioned in her petition that she wanted to marry her boyfriend but her parents did not agree as he is from a lower cast. So they forced her in to the marriage. (But the fact is that I and my wife were in love for more than 3yrs, she only convinced her parents about marrying me which later on lead to engagement and marriage. I have all the gifts, letters, and photos we exchanged during that period). The first hearing was happened a week back she had appeared in the court next date is given for next month.

Today I received another notice from another court from her native place for appearing in the court in next month as my wife filed under section 12 of DVC.

What I have to do now?

Initially I tried to settle the matter out of court, but to save the boyfriend position my wife’s lawyer is putting all kinds of false cases.

I really need an advice on how to approach further.

My lawyer is in Idea of keeping my divorce petition filed at the court at my native place in pending.. We pursue her divorce petition at the family court and submit no objection for divorce. And there by ask the court for permission for MCD.  

I really need advice and guidance from the learned experts.

 

Thank you.



Learning

 1 Replies

prakash chandra jain (proprietor.)     25 September 2014

dear friend. it is advisable to get rid of her by consenting to whatever proposal she put to you,thereby  you will be from caseu/s 498a and DVA. prakash chandra jain advocate indore-m.no.-09479848437(facebook/prakash jain)


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