Ipc - case against wifefor not revealing past marital status

When did you get married and how long did you stay together ?

Stayed together for 18 months since marriage until she recently left the apartment with all her belongings and filed the FIR.

FYI - Her previous divorce case papers indicated dowry, harassment and torture.

the defence provided by you could be a basis of filing a criminal case of 'cheating' against your wife. if your statements are true and u succeed in the case than this judgement could be used against her in proceedings initiated by her against you. you must file this case as this could be used as a defence to stall proceedings in 498A and 506 cases. 

As far as what @Hardeep states - the delay of 18 months could make your case weak but not indefeasible and still your condition and truth in your statements could make your case sustainable enough. your's wife's previous divorce reason would also give you enough backing.

Any case / law citations where such a delay has been condoned would be helpful, thanks.

To my mind. s 23 CPC shall hold which says :

"23(1) In any proceeding under this Act, whether, defended or not, if the Court is satisfied that-

(a) any of the grounds for granting relief exists and the petitioner is not in any way taking advantage of his or her own wrong or disability for the purpose of such relief, and

(c) the petition is not presented or prosecuted in collusion with the respondent, and

(d) there has not been any unnecessary or improper delay in instituting the proceeding, and

(e) there is no other legal ground why relief should not be granted, then, and in such a case, but not otherwise, the Court shall decree such relief "23(1) In any proceeding under this Act, whether, defended or not, if the Court is satisfied that-

(a) any of the grounds for granting relief exists and the petitioner is not in any way taking advantage of his or her own wrong or disability for the purpose of such relief, and

(c) the petition is not presented or prosecuted in collusion with the respondent, and

(d) there has not been any unnecessary or improper delay in instituting the proceeding, and

(e) there is no other legal ground why relief should not be granted, then, and in such a case, but not otherwise, the Court shall decree such relief accordingly."

You will have to satisfy the. Court re the delay.

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