498a habitual offender and divorce case.

Kindly share the case papers to enable me to give you a proper advice.

kasyap.iv@gmail.com
+91-9873299382

It's a pretty simple concept — fall in love and share your life together even after marriage with divorcee. Our great grandparents did it, our grandparents followed suit, and for many of us, our parents did it as well. How long you fight with these type of people. Atleast see the children for their growth in future. Your matrimonial relations effects good children mentally.  leave it your fightings. 

You have to get out of it...it's a matter of evidence, so give all these evidences during trial. You may approach HC, make sure that those papers of her divorce/fir etc are authentic, do not take any other personal evidence, just the government papers which require no further proof and seek quash under Section.482.

You can definately use and submit all the abovementioned documents showing her nature and conduct to the Court but how much of the same will be considered is highly doubtful as the Court generally does not consider what happens prior to marriage. I would therefore advise you to work on getting acquitted in the 498A case at the earliest as filling false cases against the husband and his family amounts to cruelty. 

Dear Radhika Mehta,

thanks for your reply. I do agree with you that Court generally does not consider what happens prior to marriageBut it happened repeatedly which court can't ignore and the previous victims are ready to give witness to prove the point. I have emails of her which were forwarded to my email showing that she has offered s*x in favaour of money.and money transfer proofs from her previous victims.I know that I can get rid of her , but I want it tobe legally, early and she should not approach higher courts. for that what shall I do?. I filed a FIR under IPC 420, if she is arrested and convicted then only she will come for a comprimise and will give divorce..But police are slow, being a woman they are hesitant to take any action inspite of proofs and testimony statements from previous victims.
 

You can definately try and take a chance but its highly unlikely that a Court would, on the basis of the Documents, grant you Divorce.  The Court will definately take cognizance of the same but how will it favour you to get a Divorce is something that you will have to wait and watch. 

There can be no guarantee and nothing that can be done so as to ensure that  if the Court grants Divorce in your favour then your wife shall not challenge it.  The only circumstances under which such a situation is possible if if the both of you reach an amicable settlement. 

Cheating case? On what ground?   

Dear Radhika Mehta,

Thanks for your reply. cheating case 1.She didnot disclose it is thrid marriage with me. Her family told us that it is 2nsd marriage with me 2. She did not disclose that she filed 498A case against her previous husband. 3. She did not disclose that she filed a s*xual harassment case against a person 1 month before our marriage. In the FIR , she stated that they are having s*xual relations, she went with that boy to lodges.4. She didn't disclose that her elder sister who is a divorcee also filed 498A case against her brother inlaw.

If she has disclosed all these thing nobody will marry her. In that way she cheated us.

 

 

Do you have any proof that all these facts were not within your knowledge at the time of marriage? I am not trying to scare you but just trying to get a clearer picture because sometimes just in order to teach the opposite party a lesson, a lot of litigation is unnecessarily entered into. 

If true, however, then in such a case then you should have filed for nullity on the ground of fraud/ misrepresentation. 

coerce her for mutual divorce by bargaining for a affordable package rather than spending for time wasting exercise of roaming to the courts.