Naresh Kumar (Bussiness) 04 October 2014

Reopening default dismiss divorce case

Hello Sir,

I got married on 2013, due to misunderstanding b/w both of us our family life became uncomfortable day by day. She left me permanently and went to her home on March 2014. Now the problem started to me they consulted lawyer and lawyer suggest to file an 498 A on me. My wife went to police station to register 498 A on me and my family members saying we harassed her for money which is completely false. We didn't took single rupee as dowry from there family as both families are friends from past 10 years. First time in my life I went to police station to attend counselling. But it was not actually counselling police started threatening me to give money and settle the case. Other wise we will arrest you and ur family members. There was no other option with me at that time as I looked my family prestige decided to pay huge amount to them.

As part of it they made an MOU which states that, my wife will file an divorce case for making marriage NULL and Void. The payment is divided into three parts.

At the time of writing I have to pay 1/4
After filing divorce case 1/4 of money ( Given Posted Dated Cheque already)
Finally at the time of degree of divorce remaning money. ( Given Posted Dated Cheque already)

Actual Problem started here, as my wife as to file divorce petition she filed false petition on me under Section 12 A With out informing us and after filing petition she left to abroad. I filed counter petition and given cheque stoppage notification to them. My wife from abroad send GPA to his father regarding this case. Honorable Judge dismissed the GPA and ordered her to attend the court.

Now there lawyer and relatives started giving warning to us that if girl comes from abroad then we will file 498 A on u and ur family members. So they are suggesting that the current case (Section 12 A) they will make it dismiss saying to judge that girl wont come back to India so dismiss the case. After dismissal they are asking us to give the complete amount and to file divorce petition and they will became Ex party. I have few doubts can some one clarify

After default dismissal of case, is it possible that my wife can reopen it ??
Is there any time limit to reopen the case as my lawyer is saying after 2 years also my wife can reopen the case. Is it true ?? what is the time limit to reopen ?
In case of Ex party: Summons received my there parents instead of my wife is valid to court ?? If there parents took summons from court in future is there any problem to me ??

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3 Replies

sandykrish (Interested in Family LAW) 04 October 2014

Hey simple talk to me. They will take money and retract. So simple tell the they are free to file any cases and you will contest them tooth and nail. No arrests in 498a case as per supreme court directions take a back seat and enjoy the show You are a man and not a coward.

Sreenivas V (S/W) 31 January 2015

Naresh,

Don't belive them this is simply stealing money from you. As you are in INDIA just find a good lawyer and run the show.

CompelledToLearnLaw (Financial Examiner) 01 February 2015

Sandykrish, I'm 100% sure that there is no such judgement by the Supreme Court which bars arrests in 498a. The July 2014 judgement by SC says that a proper procedure needs to be followed before the arrest. Arrests r still happening in 498a. The judgment only dictates that there should be no 'automatic' arrests.

At the first sniff of the inlaws' visit to the police station, one should apply for anticipatory bail for himself and the family and the court should at least give a notice bail even if an FIR is not registered. Once FIR is filed, go for anticipatory bail again. Do not rest assured falsely.

Brother Naresh, If u r 100% sure of which country she is in, u should fax/email/post to the concerned country’s embassy the details and paperwork of ur case. You should start the opening letter with explaining how she tried to defraud u out of money and how she tried to blackmail u. If u r not sure of the country she is in, there r about 10 countries prized by Indians: for sure, u should send it to these: Canada, USA, England, Australia, Norway, Sweden, Denmark, New Zealand, Germany, and France. This will cause problems with her visa renewal or her PR/Citizenship application.(Current and future) Mark a day on the calendar and send this in every 3 months or so.

If u want to do something 100% effective: put a criminal case on her and send the FIR/chargesheet/arrest warrant copy to all the embassies. She will never get her visa renewed or PR as long as u can keep the criminal case open.