LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

ANEESH TRIVEDI (ADVOCATE) (Advocate)     12 July 2014

Pray in divorce petition by wife

this is important query as :

wife applied for divorce in 2009 september in her home town in which  she allege that " husband is cruel to her m harrase for dowry , he criminal having relation with hard core criminal and enqury is pending against him, he is drug addict, his relation with his relatives are not good, he is beating her and demanding money since after first day of marriage it is difficult to live with him so allow divorce application"

before this application she file 498A in her matrimonial place

but soon after some time  after giving divorce application she came and live with husband and gave birth to a baby child

she with draw or say by no instruction from her divorce applciation is sent to record room

sec 09 RCR is in husband favor

but again she left after one and half year and again aplied for divorce in same court of her home town that "

after she gone to husband place he did not stay there she try to find a lot by he is not found

he beat him and throw 15 days baby on floor.. husband dont want to live with her and now she also dont want to continue with him, he is telling abusive words to her mohter and dead father

only mere allegation are ther now question is

she did not say to court that she applied for divorce in same court and withdraw it.

she did not say to court that 498A is running  since before her first divorce application.

she hide the fact that  she lose RCR and after she went to live with him and delevered a baby

till now notice issued but not served to husband since last january she applied for papper publication,,

query is:

her divorce application is maintainble as she have no proof of any cruelty?

will she sue for hiding facts from same court?

how much time paper publication took to serve and after that case will decide?

[ now husband intention is that he will devorce her on his condition.

he will apper when she taste the fruit of courts puzzle and harrasement and set aside the given order and give all true facts from begining and if possible the go for counter case over this...... till then 498A will decide as it is on evidence stage now......



Learning

 2 Replies

ANEESH TRIVEDI (ADVOCATE) (Advocate)     12 July 2014

please post your comments and give experts reply as i am fighting the false cases since last five years and dont want to do any mistake which gave relif to her and also want to teach her lesson... by her own  acts

thanking you all... for genuine reply and guidance...

Sunny Singh (executive)     13 July 2014

Please help 1 - Girl was 26 and Boy was 21, arya samaj marriage was 2008, Sep after a courtship of only 1month 2 - Girl was earning high than boy and there came differences between them 3 - There used to be verbal & physical fights between them most often 4 - Neither girl's parent nor boy's parent knew about this (more of a live-in thing) 5 - Boy moved out in in 2011 to stay in a PG and continued doing job. Girl remained in the same rented apartment, changed the rent agreement onto her name and continued doing job. No dowry demand nothing whosoever. It was more like staying in a rented apartment and sharing expenses. 6 - They agreed to stay as friend and used to meet weekends. 7 - Girl got pregnant and aborted due to her family not knowing about this in July, 2011 despite boy insisting to still get married socially after informing in both the families. Girl kept denying saying that her elder sister was not married 8 - Boy set up his small start up in 2011 and focused on career..girl focused on job 9 - Meeting weekends and phone calls also resulted to verbal disputes and heated up arguments 10 - None agreed to marry or inform parents 12 - Girl left job in 2012 and was forced to resign due to her behaviour in company 13 - Girl did not join any company and got offered part time jobs time to time from boy - there was no discussion or nothing from either end to marry. Girl insisted not to marry and stay like as they are . 14 - Boy chose a partner to marry in 2013 15 - Girl became violent and filed all the cases against him, his family who never stayed with them and all - 498a, DV, section - 9 , 509 etc with all false allegations after informing her family after 5 years about all of these . All are filed by Husband 16 - Boy's got bail from High Court after trial court rejected it 17 - Girl now not doing job and not doing deliberately. 18 - HC ordred interim payment to girl on giving bail to boy 19 - Boy had filed for Divorce with all materials on records - emails, photos of beatings to him from girl Need further directions? What is it going to be the fate for the boy?

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register