First 498a and now null and void


Hi Everybody,

My marriage was registered  in Nov 2013 and customary marriage was later performed in March 2014 as per Hindu tradition. 

Families from both sides were present in both the occasions. no dowry was exchanged.

Every body was happy until one day,  in the month of July 2014 the girly suddenly disappeared from the conjugal house.  I am worried and lodged a missing complaint  lster  with the help of police it was found that she has eloped with her boyfriend. We got enough evidences for it,  her parents also saw the evidences and accepted that their daughter is at fault and they said they will help me if I file a divorce case.

Now with the help of boyfriend's family to save her position she made 498A complaint against  me stating dowry harrsement and s*xual abuse and she also made a  life threat complaint against her won parents. police took statement form my in-laws and they gave statement in support of me . police recorded my statement also and I produced all the evidences I have to prove her elopement with her boyfriend. police also shocked after seeing the evidences and how falsely she made a complaint and advised me not to worry much about the case. later I filed a divorce petition at my native place under adultery charge on my wife. I also made her boyfriend as respondent 2 with enticement charge. the court gave hearing date for next month. mean while I came to know that couple of days back my wife applied for null and void of marriage charging forcefull marriage ( or impoteny from my side,  i clearly dont know what her charges)  at her native place and judge accepted her petition also , gave date of hearing 10 days after the divorce hearing from my side. 

still i dint get any notices as of now from her.. its also clear that she also not received my divorce notices as by this date.

my question is .

1. As she filed for null and void , should i go with my divorce petition or  should ask for not pressing the divorce ?

2. can she claim any alimony while applying for null and void?

3. as marrige hardly lasts for months and her parents also reedy to support me in my case what implications the null and void petition will have on me?

4. The girl  in her complaint to police for 498A , she admitted that she wanted to marry her boyfriend but she forcefully married to me.. and with the same boy friend she eloped now.

5. the hearing dates for divorce petition (by me) and null and void (by her) are just in gap of ten day at different courts.

what should I do now ?

kindly help me.

 
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Senior Partner

1. You should process your divorce suit matter ir-respective of her counter claims in her jurisdiction. You say you have evidences hence you are in better position over her to seek prayed relief.

2. Unfortunately may be or may not be as Hon’ble SC read with various State HC’s have given contradictory verdict on adulterous wife eligibility for alimony (full and final). However, present citation in consultation with your advocate which are in your favour for the same.

3. She is being isolated. Seek Proof Affidavit now from her parents and other witnesses before they change their mind ! Present proof Affidavit at appropriate proceedings time but seek them before hand is my opinion.

4. She is contradicting spirit and reason behind S. 498a IPC allegations herself hence stay calm and consult your advocate for appropriate cross examination as and when they happen.

5. Wait for Service of Notice of her suit matter. Even if it gets exparte you can set it aside.

 

[Last reply]


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Worker

better way

contact the girl somehow and get MCD.


she will readily agree for MCD and also compounding 498a.


court battle on merits will take years to conclude (10 - 15)


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Go for adultery man.. She ruined your life.. Just teach her a lesson as she cheated you and damaged ur social image ..
 
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@ tajobsindia

Thank you for your detailed reply.

I will continue with my divorce petition.

This evening through some channel I came to know about the charges she made in her null n void petition

1. She questioned police in her petition that Why there was no arrest by police inspite of the 498A

2.she alleged me of impotent and also mentioned that ther was no intercourse happend.(she n me knows the truth !! She took advantage of me being honest)

3. She produced some morphed images of her with some nail scratches on her neck and hand as an evidence of s*xual abuse (the same photos she produced as an evidence for 498A)

4. She states the marrige was registered before custamorey marrige by forcing her.

The above are the major allegations in her petition seeking nullity of marrige. All are utterly false allegations.

She dont know about my petition about divorce.( because she did not received notices as of now).

For your information, her parents gave me a notary affidavit stating that there was no fault from my side and their daughter is eloped with boy friend making false allegations against me to hide her faults.

Now My doubt is

1. As she is questioning police through court for my arrest should I apply for AB? I am a gov servant.

2. I sent divorce notice to the same address what she mentioned in her 498A police complaint and her Null and void petition ..so I feel , she  should definitely accept my divorce notices and attend the court on  petition hearing date, which is scheduled ten days prior to her null n void hearing date. Or is there any other way for her to deny my divorce notices ?

@ Amit

Sir thanks for your reply.

I and her parents explored the option of out side settlement but it seems her lawyer is misleading her and for unknown reasons she approached police and filed 498A and I applied for divorce ..now she approached for nullity of marriage. It seems that her lawyer is trying hard to save that boyfriend and putting all the false cases against me.

I am also not interested to enter in to the legal battles but I was forced as I have left with no option. I am eagerly waiting for her reaction once she receives my divorce notices.

By asking fr null and void of marriage she is asking for cancellation of marriage , by my divorce I also stated my intention to dissolve the marriage. But how the honorable Court sees the matter?? Kindly advice me in the above matters.

Thank you for your time.

 
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Dear Experts plz look into my case and advice me. Thank you.
 
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Advocate High Court of A.P.

Dear Jagan,

Please check if she is ready for MCD, if she is not ready then fight the case tooth and nail. She will loose soon........

Dont worry about her petition. It is a false petiton, the morphed photographs will not stand at any cost and police will file a report stating that her complaint is false.  Her parents on your side and they have given notary affidavit. Let them be produced before the court where you filed for divorce and let them adduce evidence regarding their daughter that is suffice and serves your purpose.  Do not worry about 498A, now 498A procedure is changed...If police comes to arrest you, please inform that as per recent Supreme Court Judgment, the police can arrest only after filing mandatory checklist under section 41 of CrPC. Nothing to worry. If you feel insecure, then apply for AB..

 

Regards,

Solomon


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Worker

then better be a scapegoat.

let her null & void petition succeed.


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Thank you solmonraju fr your detailed reply. So as of now I have nothing to do ecxcept waiting for the hearing date rit ? @ amit If so I ll be declred as an Im...tent in the eye of law for ever. Can dh
 
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Thank you solmonraju fr your detailed reply. So as of now I have nothing to do ecxcept waiting for the hearing date rit ? @ amit If so, I ll be declred as an Im...tent in the eye of law for ever. Can she claim for any alimony/ maintanance in that case ? Plz answer me . Thank you
 
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