ZeroLife498 (na) 10 October 2014

Wife filed divorce but not getting notice since 7 months

Hi,

Please, can someone guide what to do in following case :-

A get married in late 2012.

A's wife deserts him in mid 2013.

Now, in start of 2014 , A's wife files for divorce in court.

A can see same in court website and status as Purpose of Hearing Notice_Unready

A asked by visiting court that Please send me notice. but its been few months, they are telling they will soon send.

Someone suggested A that, they might not have paid fees or something like that. so that they blocked case.

Somehow, Now after filing Divorce and not giving notice, after this 7+ months she filed 498a as well as DV cases.

So, I want to legally get notice copy of her divorce case, how to go about that ?

how this will be possible ? .. This is urgent..as full family is about to get arrested ... and her statements are contradictory everywhere...so just wanted to get notice copy of divorce...

Thanks a bunch in advance...

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1 Replies

Tajobsindia (Senior Partner ) 10 October 2014

@ Author,

1. I do not have a clue as to what relationship 'full family about to be arrested' has to do with divorce notice which you mention in your brief!

2. As per most recent Apex Court and MHA guidelines 'investigation first then arrest' is to be followed in S. 498a IPC complaint case and there is no arrest done in DV complaint case unless someone breaks PO, so I donot see any urgency in getting divorce notice with copy of divorce suit to be a great saviour in case of arrest. in S. 498a IPC as number of prosecution branch steps are to be followed before arrest happens. AB is also an option which you should know by reading old discussions in this forum.

3. Eagerness to be served civil court notice could not bring any relief except to know what she cherry picks from marriage and mentions in divorce suit matter further r/w mere contradictory statements in different legal matters unless respective trial happens no relief one gets which are some of my views, hence wait for Service of Notice as that should be as per Practice and Procedures as per mention in The Code.

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