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gaurav singh (clerk)     27 January 2011

urgent suggestion

Dear Sirs

Hello from GAURAV SINGH, UDAIPUR (Raj)

Please refer to my previous posts on several dates. However, I repeat in brief. I filed petition U/s 13 for divorce on the basis of CRUELTY as she not living with me IR-REGULARLY 3 and Half Year and Regularly 11 Months at time of filing petition in AUG,2010. I m in UDAIPUR and She is in JAIPUR which is 450 km away from my place. i got married in 05/2005. She attended Court on the FIRST DATE ONLY on 20/10/2011 after that she did NOT ATTENDED on 24/11/2010, 06/01/2011 and next date is given on 09/02/2011(Supposing will not attend again). On 22/01/2011 a constable came to my home with notice for section 125 but i sent him back with tricky talks.  Now i want to know :-

1) What are other harmful actions may be taken against me like DV, 498, DOWRY etc  even though  she is not attending Hon'ble Family Court in UDAIPUR and she is not living with me for such period and  i filed petition for divorce.

3) If i get EX PARTE DIVORCE in next date , after that she has right or can file case 498 against me .

4) If i get ex parte divorce can i try to dismiss her case or what step i might take to save me .

SUGGEST ME 

Gaurav Singh



Learning

 2 Replies

Shubham kumar (Practising Lawyer)     27 January 2011

Mr gaurav-

The first thing, your wife has already filed for 125 crpc for maintenance, you didn't accept the copy of summons but tricks and sent the constable back, now this can turn against you if your wife's lawyer plays it smart, because if they put pressure on the constable & police station and if the constable clears everything then you might face some difficulty, beacuse recently my client came to me with this same problem and then her husband had to face problem, at times tricks fails or turn against us.

Yes your wife can file DV, if she plays smart she can , altough you should be thankful to her that yet she has not filed 498 against u & your family, otherwise your life would have become hell.

Ex parte divorce is not that easy , and she can again appeal against it within a given limited time period.

Shailendra prasad singh (Lawyer)     27 January 2011

ex -part order can be recall, but first u say what is the ground of cruelty, can u file any complaint against her and her family or not, if not u. 


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