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Divorce case section 13A & Dowry case section 498A

(Querist) 22 June 2019 This query is : Open 
Dear team

Request help in below mentioned case

This is in with reference to the case filed at Dewas madhya Pradesh and Bokaro Jharkhand.

DEWAS CASE
My brother in law had filed a divorce case on 11/08/2017 under section 13A. The current stage at which the case is at FINAL ARGUMENT.

BOKARO CASE
My sister had filed a dowry case on 18/04/2017 under section 498A. The current stage at which the case is at APPEARANCE.

CASE HISTORY
The party of dewas has filed case against us post our filing date so as to get rid of Dowry. Since the case filed the accused is out of INDIA and his case is moving fast without his presence.

QUERIES
Can divorce be granted without his presence?
(Brother in law ran away and left INDIA and is in USA)

Till date the accused and his family had not appeared in Bokaro court what action can be taken?

If decree of divorce is passed will section 498A will be valid? Will my case of dowry will proceed?

Several warrants (BW & NBW) have been issued against them and had been sent to dewas police station and to The Superintendent of Police but no action had been taken on warrants, what next can be done?

SHIRISH PAWAR, 7738990900 (Expert) 22 June 2019
You had already appointed advocate. If you are not satisfied with your advocate you can change. However you will get confused if you take advice from other advocates.
Dr J C Vashista (Expert) 23 June 2019
I endorse expert advise of Mr. Shirish Pawar.
Your counsel is well aware about the facts and circumstances of the case and s/he is an able, competent and intelligent enough to guide and proceed as required.

If you are dissatisfied with his/her behaviour, functioning or you have lost faith in him/her it would be better that to change him/her immediately.

Alternatively show the case file to a local prudent lawyer for better appreciation of facts/record, guidance and proceeding.
Sudhir Kumar, Advocate (Expert) 23 June 2019
criminal case is not affected by issue or non-issue of divorce.


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