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Shantanu Wavhal (Worker)     04 December 2011

Implication of 498a & dv, reading with section 5 (i) of hma

 

what is the implication of 498a & DV, reading with section 5 (i) of HMA, 1995 ?



IMP.

in this case, 

present husband (me) is having divorce decree from court

present wife is having sub-registrar divorce deed (alleging customary divorce).



is such wife is legally entitled to file 498a & DV against present husband (me) ??



i have not yet filed petition for decree of nullity of this second marriage yet.

i have just sent her a notice stating - our marriage is void-ab-initio.



all the local advocates are saying : 

she can file 498a & DV on the basis of my marriage with her (though it is null & void).



kindly enlighten 



Learning

 6 Replies

Shantanu Wavhal (Worker)     04 December 2011

some1 kindly post appropriate references / SC / HC citations, decisions.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 December 2011

Right, she can file 498-a and DV.

 

 

But then you can get it quashed, as the marriage was VOID AB-INITIO, that is no marriage in the eyes of law.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

kvss.prabhakar rao (Advocate )     09 December 2011

Mr Shonee Kapoor vesriosn is correct. But she can harrash by way of lodging report Under Sec 498-A . But the  question of validity of marriage will be decised in later stage of trail meanwhile you wil be the sufferor. Better way to settle the matter as possibly .

1 Like

Shantanu Wavhal (Worker)     09 December 2011

general rule of divorce = divorce decree

burdon of prooving legal sanctity to customary divorce lies on the party alleging the custom (i.e. - the wife).

jurisdiction = competent court & not CAW cell / police station

so doesn't wife has first to prove the validity of customary divorce and then she is entitled to file 498a ??

may be DV can be filed by her. (but since last 50 days she is not staying with me)

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     09 December 2011

Amit my brother,

 

We would cross all bridges when we come to it. Be Patient.

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
1 Like

Shantanu Wavhal (Worker)     10 December 2011

:)


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