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Givemeabreak (business)     02 May 2015

498a trap for nri

Dear Members,

I am seeking some professional advice for my case. 

Here are the facts so far:

I got married in Novemeber 2009 (arranged marriage) in Hyderabd. There is no dowry involved in our marriage. By the time of marriage I was already living in the UK for 4 years and after me processing the visa documents of my wife she came to the UK in July 2010 and lived with me until Nov 2011. During the time due to her suspicious nature towards me we had issues in our marriage and when I suggested we should separate she came to india and filed 498A and DV act 3 and 4 against me A1 and 3 other of my family members in Dec 2011. The case was filed in a village 12 hours away from Hyderabad where my wifes family originally came from. I have never visited or lived in this village prior to the case. My wife's family moved to hyderabad 20 years ago and has got business and immovable properies in the city.The sole intention of filing this case was to harras me until I agree to live with her, which she failed acheive.

I was arrested on 24th of Dec 2011 and presented in front of court on 27th and was in judicial remand until 7th of January 2012. I got my bail with a condition that I should submit my passport. Rest of the three of my family members got anicipatory bail in March 2012. In June 2012 in the Highcourt of Andhra pradesh we filed for the case to be transferred to hyderabad as the couple we never lived in that village nither my wife's family is living there but it was rejected. 

I got my passport back in Aug 2012 from the court where the 498A case was filed after paying 1 lach rupees deposit. In Sep 2012 I left to the UK and in Dec 2012 my wife filed a Maintainance case demanding 20,000 rupees per month. Since then the family of my wife is doing every best to get the court dates as frequent as possible so that it would put pressure on me financially. I have been managing to attend the court as many times as possible and rest of the times my advocate is filing absent petitions on behalf of me. During this time I have gathered all the evidences related to the properties of my wife and her family in Hyderabad and submitted them in court and I have also submitted a video recording of her working in a bank while she having filed the said Maintainance case for monthly allowance. After a trial and taking all these evidences into consideration in Sep 2014 court has decided her a monthly  allowance of 2000 rupees but nither I nor my lawyer personally received any letter from the court or from my wife yet saying that she is accepting the courts judgement for the said MC. So no money has been paid out yet. 

Regarding the Criminal case I was directed the court to attend for the examination with all of my family members in Dec 2013 where on the other hand through my research I found that once the examination is finished and trial begins, I will have to attend the court more often, So to avoid that and to buy some time I have filed a discharched petition in Dec 2013 in the same court where my criminal case is pending. As I guessed it has fetch me a bit of time and its only in March 2015 the said court has directed the PP to respond my petition which he hasn't yet.

Now the current situation is, I have received a register post on my name to my home address in Hyderebad from a Senior civil judge court from a town near by the village where the actual case is held. I have refused to accept the letter while have managed to find out where it came from and from the said court so far I have also learned that the letter is for divorce under section 13A and 13 B. But this information is still unclear to me yet as I am not sure what are the conditions for the divorse in the letter, is she asking any money or things like that and also if one can file a petition for divorce through 13A and 13B at the same time.

My priorities:

I am not in a rush to get remarried

I dont want to to pay a penny to her and I dont mind to fight 498A on merit. 

 

My questions are:

In the second attempt when I get the letter shall I accept it or just leave it, if so what will be the consequences?

If I file a response to her petition what happens to my 498A case as I want the case to be with drawn first before the divorce? I dont want to live with her neither she wants to live with me after all these years but her only intensions seems to be to harras me and extort money as much as she can. 

What is the best way I can respond to this divorse petition while I am not getting pushed in to the corner by law and paying money for her extortion or giving her divorce before my 498A is resolved or crossed.

P.S. I have admitted in the court previously during my MC trial that I am still willing to lead life with her. Would it help now if I respond in the petition(just for the sake of it) that I am happy to live with her and since its her who filed the divorce petition, does it helps to expose her intensions to desert me?

 

Thanks and any valuable suggestions will be appreciated.



Learning

 18 Replies

Suneet Gupta (www.vashiadvocates.com)     04 May 2015

Refusing to accept a Summons from a Court does not solve the issue. If the Summons are returned with the remark 'Not Accepted' then they are deemed to have been served properly and the Case will continue whether you go to the Court or not. Your wife in this case can get an ex-parte decree of divorce.

Givemeabreak (business)     04 May 2015

Hi Suneet, I have accepted the letter from the local postoffice last saturday.  

In brief my case is, I am A1 and the rest are A2 A3 A4 in 498A case DV act 3 and 4. which was filed in Dec2011 and as of now no examination has been done in it yet. In Dec 2012 Mc under 125 was filed and court passed the orders in Sep 2014 to pay 2000 per month. Till now I didn't receive any executive petition from the court ordering me to the pay the said money, and I am not sure if my wife is contesting the decree in the higher court. How to know if she is? I have not pay any money yet.

 Now I have received a summon under Hindu Marriage act from civil court asking for me to attend the court for settlement. In the letter it says it encloses the copy of the petition but I have not received any petition with the said letter. Kindly can you please suggest to me what happens next? Can you also suggest me what I should be doing now in regards to my 498A case, maintainance case and this Summon?

I dont want to get a divorce until 498A is cleared by her or by merit. 

 Looking forward for you suggestion. Thanks and regards

T. Kalaiselvan, Advocate (Advocate)     04 May 2015

First of all attend the court on the summoned date and see what case she has filed against you afresh.  You will get copy of the petition on the date of hearing from the court directly if you tell before the court that you did not get that.  As far as divorce is concerned, you may enter into a MOU with her as per the proposed plans and proceed or allow the case to be a contested one. 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     13 May 2015

Reissue your passport and renew your visa. Never come from UK. She can't do anything if you are outside India and she does not have your passport information. smiley. You also can file divorce in foreign court.

Givemeabreak (business)     13 May 2015

Thanks for the reply Rocky Smith,

I am in the UK at the moment anyways and coming to India when ever my presence is required at the court. If I never come from the UK there is a chance that she can pressurise the court a NBW could be issued on my and my surities could be arrested as I am on Bail at the moment.

She has filed a divorce petition on the grounds of cruelty and desertion saying that I have left her since Dec 2011(thats the month she filed 498A on me). She wants to free from all this mess while leaving me with 498A in my neck. I want to delay the divorce petition as long as I can so that she will be compelled to with draw 498A case and go for MCD with me.

Can I get some suggestions how can I delay the proceeding please?!

 

Thanks and kind regards

SuperHero (Manager)     13 May 2015

  1. @Givemebreak - The only way I see is just talk through some mediators come with a number from the girl side. Then you negotiate or bargain and pay them some money.
  2. They will agree for MCD the moment you talk about money. Before MCD all cases will be withdrawn.
  3. The reason why I say is you got married in 2009 and now it is 2015. 6 Years have gone. 
  4. Please think about it and take a decision. Life is so precious and time lost can't be regained.
  5. Money can be earned. But not time. Also think of your Parents and how much suffering they are going through internally. 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     17 May 2015

If you read my post closely you could get the answer.

 

@SuperHero, Giving money is incouraging these crimes, is not it? 

cyberlawyer (barrister)     17 May 2015

@Rocky Smith 

Your statement is right.

But if everyone is going to think that way, there will not be an end to most of the matrimonial litigations.  which kindly consider. Go through the replies of superhero meticulously and you will realize. But even after that you are not worried about time and your parents and ready to fight the case, its upto you. Your guts is appreciated. Good Luck.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     17 May 2015

Mr. Cyberlawyer,

 

Slithering court proceedings are created by corrupted judiciary administration to help criminals, however matrimonial laws, (Sec. 21-B of HMA) Criminal law (CrPC 483) or constitutional law (Article 21) does not say that it is never ending.

 

I suggest everyone to just change the though process which will give you the solution.

 

In the present case if the accused files speedy trial, CrPC 205 and suit divorce in UK and finds another life partner in UK that could resolve his problem.

Givemeabreak (business)     17 May 2015

Dear members,

I really appreciate your input and suggestions. And of course I want to be free and happy but in the current situation which I have explained above is it ideal for me fight the divorse petition on merit filed by wife or shall I agree for the divorse aswell. I don't to be left with 498A case after divorce is being granted by court. 

My plan is to delay the process of her current divorce petition so that at one point she will agree for MCD and my conditions then would be to get the 498A cleared first. 

What do you learned members say about this?

T. Kalaiselvan, Advocate (Advocate)     18 May 2015

If she is agreeing for the compromise, yoou can go for it now also, the terms should be that she should not press her 498a and do not object your quash petition, in return you can file a memo submitting to the divorce decree she prayed for.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     18 May 2015

498A is a non-compoundable offence, hence she can't withdraw it once filed.

 

The court process is already slow and you are also trying for slow proceedings which is absolutely wrong approach.

 

File speedy trial in HC. Since she already filed divorce then you file no-objection and give her divorce without a single Paisa and remarry. 

Givemeabreak (business)     18 May 2015

If get the divorse under Speedy trial what happens to the 498A case after that? Wouldnt I be dealing with that for rest of my life?

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     19 May 2015

There is only one solution of 498A; and that is speedy trial since it is non-compoundable as I have already mentioned.

 

Please should reach out to HC in-person (Without Advocate) to get order of speedy trial or 498A else it will continue even after your funeral irrespectively your divorce proceedings.

 

Sample petition is available in the following link.

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=2#.VVsFLI7vO1s


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