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Krish   19 February 2016

498a and dv cases after 3 years of seperation

Hello All,

Wife left husband and left to mother's home 3 years ago.When Husband asked for divorce, she threatened him that she would file 498A and DV cases. Husband stopped his efforts as he does not want him/his family romaning around the courts for 4 to 5 years although he did not do any wrong.  She is not all willing to give divorce and does not want her husband to remarry. She dicided to torture him for lifelong without giving divorce.

 

Since it's been 3 years, he wants to file divorce now. Does she still have the chances of fling 498A and DV on him?

Kindly advice me what I can do now.



Learning

 7 Replies

Sidharth   19 February 2016

Dear krish,

 

Both the cases are time barred, and cannot be filed. But always try to have a proof that no incident of cruelty has taken place between this time of separation.

I used the word try because responsibility to prove relies to her. 

She will file application u/s 24 HMA for maintenance in reply to your divorce petition. Be prepare to handle that. 

1 Like

Sidharth   19 February 2016

Go ahead file divorce petition. 

Don't worry!!

Krish   19 February 2016

Thanks so much Sidharth for the details explanation and advice.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     19 February 2016

Both the cases can very much be filed by her in case she manages to explain the delay . Howevr the burden of explaining such a prolonged delay shall be severe and hence it won't be easy for her to do so .
1 Like

Krish   20 February 2016

Thank you Augustine Sir.

 

She left matrimonial home alleging that husband was torturing her although it's false. After 3 months since she left, he went to her village and asked her to come with him. Along with her neighbours, she and her mother quarreled with him. Finally she did no go with him.

 

After that there is no communication between them but they had 2 village panchayatees before  local political leaders. Those panchayatis also did not work.

 

Now , can she manage the delay stating that they already had attended 2 discussions in front of Local leaders?

 

Sidharth   20 February 2016

No this cannot be reason for delay. 

It will be difficult for her to explain reason for delay of 3yrs. As girl have the liberty to file case near by him. If anyways she managed to file case, you can move to appellate court for quashing of cases. It will be expensive and long procedure for your wife and I don't think she would be able to do that. 

1 Like

Krish   20 February 2016

Thanks Sidharth Sir. It clears all my doubts.


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