WIFE FILE THE CASE 498A AFTER DIVORCE
mohammad
(Querist) 28 November 2010
This query is : Resolved
MY WIFE FILED THE THE TWO CASES AFTER DIVORICE:-
FIRST CASE 498A SEC 4&6 OF D.P. ACT
1.DATE OF DIVROCE 12 DECEMBER, 2000.
2.Date of filed the Case 498A 10-07-2004
WE DID NOT ANNOUNCE IN THE NEWS PAPER
BUT THE Govt. Qazi Hyd has sent Divoce Notification but she refused to receive the Registered post. The Govt. Qazi has issued Diverce Certificate.
SECOND CASE FILED ON OCT. 2010 PROTECTION OF WOMEN DOMESTIC VIOLENCE ACT 2005 SEC.12
Can we announce in the news papaer NOW? THIS LEAGALLY ACCEPTABLE IN THE COURT?
Kirti Kar Tripathi
(Expert) 28 November 2010
Under Muslim Law, the Divorce is legal. You can take plea in both case.
Devajyoti Barman
(Expert) 28 November 2010
The 498A case is maintainable if the cause of action is stated to be prior to the date of divorce. The DV case may not be mantainable if the Supreme Court in one pending case decides the Act having no retrospective effect.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 28 November 2010
Well your wife may claim inosence of divorce and can file case but now you have a relief if you stay at separate places.
Bombay HC has given Judgment last week that in 498A cases the spouse can file complaint at the matrimonial place only and no where else.
This is recent Judgment so still not published , those interested may visit Bombay HC site and search in recent Judgments.
mohammad
(Querist) 29 November 2010
I DID NOT ANNOUNCE THE DIVORCE NOTIFICATION (MUSLIM) IN THE NEWS PAPER, Please advise me, Now Can I publish in the News Paper. Is it acceptable in the ine Court.
What is the reference of the leagal point to save us as the wife filed the case after divorce? Thanks
