498 A fighter (Advocate) 01 July 2014

Divorce

One important need immediate reply

1. wife applied for divorce in her home town in sep09.

2. wife come to live with husband in march 10

3. gave birth to baby in march11 but notice of divorce sent by her father till april 11 and then divorce is not pressed by wife father and case is sent to record room.

4 wife again left to her home town

5- she applied for divorce again with new application in march 14.. notices not receved by husband now she demand for paper publication..

twist is that she hide in second time application that she already applied before in the same court.

she hide the fact that husband won section 09 RCR in Feb 2010

the allegation in first divorce application are more severe and many but in second applicatio no serious allegation in short"

mai pati ke pass rahn cahti hu par wo milte nahi , sec09 decree ke baad pati ke paass nahi rah , patin mujhe pratadit karte the aur mere mata pita ke baare me upsahbd kah kar apmanit karte the, mujhe ukasaate jab mai kuch kahti to recording karte the, mere pati ne mere tyag two saal se jada samay se kar raha hai, aur bacchi ko bhi utha kar fenk diya tha''

but first time she mention abut dowry harrsament , lodge fir 498A against huaband but this time not..

question is :-

is second time aaplication is maintainble?

she is telling lie 498A is going on in her matrimonial town now notices are sent for their evidance she hide the truth in her second time divorce application if this bring in the knowledge of court will she get any punishment or we demand any punishment or we can file seprate case agains her for hiding truth or wasting time of court?

if so under which section we can file case against her?

will court punish her for her such act?

please do guide , this will be useful for others tooo..

as some girls doing anything whatever comes in their mind without thinking the treat matrimonial home as a picnic spot when they wish they come , and left and try to threatned by filing unnecessary cases?....

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1 Replies

udayan khan (no) 04 July 2014

1. Our conjugal life was for 10 months only from 01/07/2009 to 11/04/2010

2. separation from 11/04/2010 to 14/08/2012 (till date)

3. cruelty ground on 498(A) on 11/04/2010

4. Mental problem which was prescribed by A.M.R.I HOSPITAL and by my local doctor

5. we don’t have any issue

6. Because of this my Mom passed away on 01/09/2011 after getting so many socks.

7. After all this I also lost my job and am unemployment, I had submitted the release letter of my last employer which that lady known.

8. In my 498/A case for hearing when the court send the saman to that girl and her father for crossing for 2 times and every time the saman returned that she don’t stay at the address which address she had given at the time of lodging this case. But when I send her money for alumni purpose directed by the court she received that in that address.

9. All the document is with me

Now sir please tells me how can I get divorce at the lower court? If this ground is efficient for divorce? Any case reference in another lower court will help me?