Double order of divorce and 498a quash
bharat
(Querist) 20 January 2019
This query is : Resolved
Even I am one of the victim . Well in my case wife has filled false 498a in 2015 and in 2016 she filed divorce petition as well.
The 498a is still pending in court , neither we got any notice nor any further proceeding . So during 2016 end I filed divorce and with all normal formalities got the exparte order as well.
Very recently I got summon from family court on her divorce petition . So here my question is already family court has given divorce order and again they will issue another order based on her divorce petition or the same order will be applicable as I am not seeing their lawyer actively monitoring their divorce petion so after 2 your summon is coming to me.
secondly as the divorce was filed by her 1st and later we got decree on our petition , will this ground be sifficient to file the quashing of 498a at HC .
Dr J C Vashista
(Expert) 20 January 2019
Complaint case u/s 498A IPC is different to the divorce case u/s 13 HMA, 1955, i.e., both of them are not connected to each other in the Court, except when either of the parties to the case / suit submit and press for the other case/suit.
When wife has stated to have filed case for divorce, whether she has mentioned about the ex-parte decree obtained by you ? Whether she is aware of the suit for divorce decreed ?
What is the opinion and advise of the lawyer engaged by you, who is an able, competent and intelligent enough to satisfy your questions, well aware of the facts and circumstances of the case/ suit filed and decreed ? However, if you have lost faith in him/her (your lawyer) change immediately.
Why do you need second opinion and obligation of experts on this platform based on limited facts/ informations except the fact it is available FREE OF COST ???
Prima facie it is hypothetical and academic exercise.
Vijay Raj Mahajan
(Expert) 20 January 2019
Appear in the Family Court with certified copies of divorce order and decree you got. Show that to the presiding judge of the court and get her divorce case dismissed on being filled for dissolution of marriage that was already dissolved by decree of competent court.
The criminal complaint case u/s 498a IPS is independent matter nothing to do with your divorce will be decided by court on the basis of entire evidence of prosecution and accused.
Martin S.
(Expert) 20 January 2019
She is not satisfied with one divorce, she wants her own divorce !
Better to make known to the court that she has filed divorce again.
Hopeless judiciary. They wont even know who filed what in same court over and again.
K.K.Ganguly
(Expert) 20 January 2019
1. Appear before the Court on the scheduled date of hearing and submit the certified copy of the decree of divorce already granted by the Court duly submitting that the divorce suit filed by her is not maintainable.
2. The case filed by her u/s498A of IPC is to be dealt seperately by you having no relation with your divorce decree.
