LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

VIKAS GERA (teacher)     07 January 2014

Section 13b:- precautions before taking divorce

Dear All,

I am a victim of false section 498A, 406, 125 and section 24. After stretching the case for an year and 3 months, My wife got ready to go for mutual divorce. She was ready to withdraw all the above said cases. We put section 13B in july 2013 and she has withdrawn all the cases which she is ready to give attested copies of withdrawal cases before second motion of section 13B. 

Now my concern is this, how can i make sure that no other case is left in her native city (Her parent's home is in another city) before going for second motion of section 13B (which i have put in my own city). Even she will give my proof for withdrawal of  section 498A, 406, 125 and section 24. Is it possible that there might be any other case left in their city except above written cases? Is it possible she or her family member will tease me for some another criminal case after getting divorce. 

kindly guide me asap as my second date of section 13B is approaching near and I want to make sure before making her free.



Learning

 1 Replies

R. PON KARTHIKEYAN (ADVOCATE)     09 January 2014

Dear vikas, there is nothing to fear about any possibilities of having other case in other city...even if your wife has initiated another case you can quash it by showing the compromise which you had arrived in the mutual consent..otherwise you could have bring a separate averment in the 13 B petition that your wife has withdrawn all the cases foisted against you..further second complaint for the same set of facts is not maintainable..so if your wife wants to take revenge on you after getting divorce on mutual consent, she has to lodge a new complaint by raising new cause of action..still that attempt can be defeated.. so no worries


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register