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anuragi   26 October 2015

I filed 498a and he filed a 13 1 a

I have lodged an FIR and got a 498a case registered. the whole process took 3 months but my husband came with an anticipatory bail and so there was no result. It is still under inquiry and has not moved to court yet. He seems to have bribed the police - police dint ask where he s currently residing, whats his new phone number, where he took all my assets and belongings. 
Meanwhile, i got a 13 1 1a notice today, asking me to attend the court in his native. Im insecure about going to his native (his relatives are from goonda background) and i would like to postpone the date or transfer it to bangalore. im not sure what the 13 a act is and how can he file something on me when he has a case on himself. i have not contacted any lawyer until now but he seems to have a great lawyer on his side. Im working and hence there is no question of maintenance. I just need him to return my property he has stolen which he claims he doesnt have at present. Please help and suggest me.



Learning

 8 Replies


(Guest)

WHat property are you talking about?

 

If he has taken, ask him nicely, he might give it back, it does not cost you anything to be nice to people u see.

prabhakar advocate (advocate)     26 October 2015

Section 13 (1)(ia) is a divorce case under the ground of cruelty.  You engage an advocate and file a transfer petition in High Court (if he filed his divorce case in karnataka and your S. 498-A is also in Karnataka) to get the case transferred where your S. 498-A is pending.  In the meantime, engage an advocate and give him suitable instruction to appear in divorce case where your husband filed and take dates informing the court that your transfer case is pending in High Court.  While your S. 498-A case is pending, he is entitled to file divorce case.

SuperHero (Manager)     26 October 2015

For Every Action There will be an Equal and Opposite Reaction - Newton's Third Law.

It is like you are saying I can hit you and the other person should take the blows. He should neither defend himself not retort back.

You Filed 498a and He Filed Divorce Case under Cruelty. 

 

A walk alone (-)     26 October 2015

First of all hide your job show jobless and file maintenance case DV or 125crpc or 24 HMA. File it on the basis of evidence you have. File transfer application of divorce case in your city as your 498a case is also there.

anuragi   27 October 2015

He s already hiding his job n asking for alimony. I don't need to hide things or falsify things. I have been victim of this and maybe I can show the suffering in the court. But I would like to know if it's valid to even file one more case when 498a is pending? And since marriage, matrimonial house and 498a is in Bangalore, can I go get it dismissed? And how do I apply for another convenient date for appearance?

Keanusathya (Sr Consultant)     27 October 2015

If intentions are wrong none can help in the right way. Good can never yeild bad. See if you can speak and get things resolved. Filing fake cases and battling it out , is stupid thing one can suggest unless you are an enemy. First Speak to right people and get 498a closed/quashed if its not genuine. Second if you dont want to continue relationship with spouse, speak it out calmly, let know why you want to discontinue and move on. You may ignore this completely if you want to spoil both your lives.

naveen (business)     30 October 2015

Hi anuragi, Please try to understand the truth and reality, ther is no point in spoiling someone's life for no reason. At the same time valuable days of ur life also get waste,, if you don't want to continue relation get divorced with mutual consent. Instead of spoiling his life think of ur future and happiness.

naveen (business)     24 March 2016

Hi anuragi, Hope u resolved problem with mutual understanding.

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