Pls advise me on divorce and 498a case

dear sufferer,

1. U must go for quash of 498A in high court on the basis of evidence

2.U may file fraud case separately

3. divorce U/s 13 is right,

Adv R C Misra,kanpur

As regards 489a is concerned it is for the HC to decide on merits.

Petition under Sec. 12 will not lie since the limitation of one year is over

In the petition under Sec. 13 you have to prove the cruelty alleged by you.  The very fact that your wife filed 498a case is not a ground, unless you are acquitted of the charges.

so be advised.  Or make some amendments to the petition already filed.

As regard 498a is concerned it is for the HC to devide.

Petition under Sec. 12 will not lie since the same is barred by law of Limitation

Make suitable amendments of the petition under Sec. 13.  Cruelty alleged must be proved.  simply because your wife filed 48=98a case, it willnot automatically be a cruelty, unless you are acquitted of the charges

Thanks for ur reply.

further your guidance require... Is fraud  of DOB & sub cast is considered in sec 12 to null & void marriage,

and time limit of sec 12 is start from date of marriage or date of fraud recognized.

i am asking dis becoz recently i come to know with dis fraud after filing divorce petition.

1.       Is my case is solid for quash of 498A in HC. 

In my opinion there are no merits to file quash petition before high court, you would be wasting your time, money and energy on it, better contest it and get acquittal in the lower court itself.

 

2.       In my divorce case should I go u/s 13 or can I change it to u/s 12.(is this type of cheating can be considered as fraud)

This is hopelessly barred by limitation, because it is more than a year after becoming aware of such fraud, besides this fraud has to be proved by producing the birth certificate or stong proof of her date of birth.

 

3.       Should I firle a fraud case separately u/s 415 & 420 on her  father as he is govt servent.

No you cannot, because he has not furnished you with the documentary evidence on the issue.

Tks for ur reply......my advocate suggested me to amend divorce petition u/s 12 b'coz recently my wife produce affidavit in 498a case in which she mention false DOB.....as time limit I.e. one year in concern my adv advice me to tell recently we come to know abt fraud dats why filing petition in sec 12.........

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Please contact immediately on MENS RIGHT ASSOCIATION OR https://www.saveindianfamily.org/contact-us/ https://www.facebook.com/groups/saveindianfamilyfoundation/

I marred on 5th July 2012. So many time my wife try to attempt suicide due to silly reason. Twice she left my home, she take all her item she have given by me or her parents. In august 2014 she file 498 against me. Till date proceeding is pending as per my knowledge me or my family never shows any cruelty to him. But how can police give charge sheet about cruelty. And how I fight against him. Please suggest me if you require any other information please write it point wise.

thanking you