498 A fighter (Advocate) 31 October 2014

Address proof

wife file divorce under sec 13 from her place.sending summons notices from march 14.

but husband not recieving any till now, court said wife to give husband address with proof.

husband applied for sec 09 execution in jan2014 in high court, wife gave the same address that was written in application of sec 09 execution applied in high court and gave affidavit that husband address is confirm that was mentioned in application of high court ]

now query is ===

is that address will be maintainable in lower court again as after almost four five times notice was sent back from the same address with note that husband is not residing here?

once publication order was given in july but wife demanded that she provide correct address now again wife gave same address with affidavit for the use of same high court's application address ,[ she got that application as she was respondent the case is running next date mid of december 14}

can court again issue the same order?if not then what will be next order?

[ noted: in her application first she hide the fact that sec09 execution is pending in high court,

she hide the fact that husband won sec09

she hide the fact that she had applied for divorce in sep09 to march 2011 but the case was sent to record room by note of NOT PRESSED from wife side.

she hide the fact and lied to court that she was living with her husband since june 2010 and delivered a girl in may 2011

she hide the fact that in she filed a case of section 498A and still hearing is going and she have to appear for her evidence in husbands place,she is not appearing as 6 notices issued now notice with punishment was issued to her date is in last week of november 14.

What will husband do now and how he will proceed furthur ? [ case is twisted need tactful and legal guidance ]

Reply Follow

3 Replies

498 A fighter (Advocate) 01 November 2014

wife had given the affidavit for husband address proof

husband address proof she use is the same where she sent many notice and summons, and the same address is used in the case pending in high court filed in jan 2014

query is -- Is court admit the her address proof as many notices and summons from the same court was came back by note that adresee was not found or door was locked or addresee is not residing here.

this was last opportunity to provide correct address of her husband otherwise case may get dismissed.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 01 November 2014

I would be amazed if the case gets dismissed. In court only last known address is given and thereafter alternate service (maybe in any other court where you are likely to be present) and if that also is not possible Publication.

It might be possible that wife is showing she does not have money for publication.

Regards,

Shonee Kapoor

www.shoneekapoor.com

498 A fighter (Advocate) 02 November 2014

@Shonee Kapoor

It might be possible that wife is showing she does not have money for publication.

What a correct guess shonee sir, you really hit center of target?

we had thought the same as one of the reason;;reasons are

1] she really struggling with money.... she have but not so much that she can spent on such a way.

2] she is a very miser person, even she is not paying to her lawyer properly,

3] In sending notices and summons she is spending the money she thought it is all wastage or lawyer cheating her.

4]She thought all cases are very easy and she can fight on low cost as 498A costs her only 300Rs as bribe even she avoid to appear in hearing of sec09, and in many..

she applied under sec24 under false oath during sec09 that she is not working and depend on her father but i proved in that she was working.

now in execution of sec09 attachment of property i dont know what she gave in her statement as it is in high court i come to know that hing courts not gave case related documents only provide judgments.

in her sec13 application she mention that " meri aarthik sthithi theek nahi hai aur mere pati mujhe notice bhej kar prtadit karte hai , meri maa widhwa hai aur meri do choti kuwari bahne hai"

shonee sir these we collecting evidence for coustody of daughter.

anyway you guess correctly but any other thing--- this is her side but what will be our strategy ,

sir she filed 100% false 498A, she is abusive, arrogant and very much egoestic her week point

good points are she is not currupted, puja path wali and highly ambitious, even when with me careing also but dont listen right thing whatever comes in her mind or her mother suggest she act in that way,

now i am DEVIL,RAVAN, etc according to her, No chances of her to get back as she filed false 498A [ now comes on trial] , Long gap of communication almost of 2 years, Filing of number of cases from both side ,

Judge had told to dismiss the case as she is not going for publication after giving order / permission , and she is not able to provide the correct /exact address. and she having that only address.because after 498A [ aug2009] this time i try to hide myself in that she had mentioned that she came on date 2 to live with me and i demanded money and torturcher her and on 5 i fight with her father and beat and she came to police station to file 498A but the facts is i was away from place of incident about 700 Km she came only on 5. but since 09 i am bounded and roaming around court so this time i hide myself. even though she try to file 498a again but SDOP told her " Madam 498A is still running double you cant file even at different place"

she is not going for publication any intention behind it ?

i thought she may have fear that all people will know, the matter and this make obstacle in her sister's marriage as younger one is now 30 years old and next one is 20 and probably i will use the publication as a big issue and I may try to misuse it..............